Government Ensures Public Participation in the Deliberation of the Criminal Procedure Code Draft (RKUHAP)
By: Faranisa Diajeng)
The Indonesian Government and the House of Representatives (DPR) have ensured that the revision process of the Criminal Procedure Code (RKUHAP) will proceed based on principles of transparency and public participation. This commitment is reflected in the initiative taken by Commission III of the DPR, which opened discussions on the RKUHAP through Public Hearings (RDPU) with various civil society elements, such as the Legal Aid Institute for Women’s Justice (LBH APIK), the National Commission on Violence Against Women (Komnas Perempuan), the Student Executive Body of Semarang State University (BEM UNNES), LBH PBB, and LBH Gema Keadilan.
Chairman of Commission III of the DPR RI and Head of the RKUHAP Working Committee (Panja), Habiburokhman, emphasized that revising the RKUHAP is not merely a technical legal matter but directly relates to the basic rights of citizens within the criminal justice system. The process is being conducted openly and broadcast live on Parliament TV. He stressed the importance of ensuring that the public has the opportunity to express their input and aspirations.
Habiburokhman assured that all outcomes from the Technical Team and Synchronization Team will be discussed article by article in detail before being formally submitted to the Working Committee for joint evaluation with the government. He also stated that the deliberation process will not be rushed, with the focus placed on the quality of the results and mutual understanding between parties. According to him, the most important factor is not the speed of completion, but ensuring that the substance genuinely addresses the legal needs of society and guarantees protection for every citizen.
This commitment to an inclusive process is also evident in the decision by the DPR’s Commission III Working Committee and the government to remove Articles 253 paragraphs (3) and (4) from the RKUHAP draft. These articles previously prohibited live broadcasts of trial proceedings without court permission. The removal of these provisions is seen as a positive step towards safeguarding press freedom and public access to open court hearings.
Habiburokhman acknowledged the objections voiced by the civil society and media coalitions regarding the controversial articles. After discussions and further review, it was agreed that such publication restrictions should not be regulated under the Criminal Procedure Code. Instead, technical mechanisms already agreed upon between the press and the Supreme Court are deemed sufficient.
Deputy Minister of Law and Human Rights, Edward Omar Sharif Hiariej (Eddy Hiariej), who attended the deliberation meeting, stated that the RKUHAP revision is designed to accommodate new dynamics within Indonesia’s legal and constitutional system. He revealed that the current RKUHAP draft consists of 334 articles and covers 10 major substantive changes, including strengthening the rights of suspects, defendants, victims, and witnesses.
This RKUHAP is expected to reinforce the principle of due process of law and establish a criminal justice system that is more humane, modern, and accountable. He also stressed the importance of aligning the RKUHAP with the new Criminal Code (KUHP), which will come into effect on January 1, 2026.
The ten areas of substantive change in the RKUHAP include adjustments to new legal values such as restorative and rehabilitative justice, enhanced protection for vulnerable groups including women, persons with disabilities, and the elderly, and the establishment of more comprehensive legal remedy mechanisms. Additionally, the RKUHAP accommodates advancements in information technology and human rights principles as outlined in international conventions.
From civil society, spokesperson for LBH Gema Keadilan, Hanantyo Kristiawan, submitted written input during the Public Hearing held at the Parliamentary Complex. He emphasized that the RKUHAP should not merely serve as a procedural legal instrument but must also guarantee fair and balanced legal protection for offenders, victims, and the wider community.
LBH Gema Keadilan urged that the RKUHAP must not simply function as a tool to regulate legal processes but must serve as a safeguard for human rights, uphold the presumption of innocence, and strengthen the position of both victims and defense lawyers in court proceedings.
In its submitted document, LBH Gema Keadilan highlighted the importance of strict limitations on law enforcement authorities when carrying out coercive measures such as arrests, detentions, and wiretapping. According to Hanantyo, such powers carry a high risk of abuse and must be based on accountability principles and strict oversight.
Another key recommendation put forward was the need for explicit protection of the legal profession to prevent criminalization of lawyers performing their professional duties. If lawyers can be arbitrarily accused of obstructing investigations simply for defending their clients, then the principle of a fair trial would be undermined.
The DPR and government’s steps to open public participation in the RKUHAP deliberations have been appreciated by many quarters. Executive Director of the Institute for Criminal Justice Reform (ICJR), Erasmus Napitupulu, stated that public participation is a fundamental element in drafting fair regulations. Criminal procedure law affects the basic rights of every citizen. If the discussion process is closed and exclusive, the risk of errors and injustice in legal practice will increase.
The RKUHAP revision is part of broader national legal reform efforts, following the recent enactment of the new Criminal Code. This update is expected not only to strengthen Indonesia’s position as a state governed by law but also to restore public trust in the national criminal justice system.
With active participation from civil society, academia, legal practitioners, and other stakeholders, the new RKUHAP is expected to meet contemporary challenges and build a more civilized, fair, and transparent justice system. The government and DPR have opened the path; now the public is expected to continue monitoring the process to ensure that the final result truly reflects substantive justice for all.
*) Public Policy Analyst
