By: Yusran Pratama )*
Efforts to reform the legal system in Indonesia have again shown strategic progress with the targeted completion of the Draft Law on the Criminal Procedure Code (RUU KUHAP) this year. The government and the DPR realize that the revision of the KUHAP is a necessity to align with the new Criminal Code (KUHP) which will come into effect in January 2026. Synchronizing these two legal instruments is not just a formality, but part of an effort to realize a more inclusive, just and human rights-upholding justice system.
Coordinating Minister for Law, Human Rights, Immigration, and Corrections, Yusril Ihza Mahendra, emphasized the importance of a new Criminal Procedure Code that guarantees legal certainty and upholds the principle of procedural justice. According to Yusril, the revision of the Criminal Procedure Code must be able to patch up various gaps in injustice in the procedural law that have been going on so far.
One of the important issues that is of concern is the matter of suspect determination which often takes place without a clear time limit. This has the potential to cause legal uncertainty, even injuring the rights of someone who is not necessarily guilty but has long held the status of a suspect. Through the Criminal Procedure Code Bill, the government proposes limiting the period of suspect determination to a maximum of two years. This limitation is important as a form of respect for the principle of the presumption of innocence and to prevent potential abuse of authority in the investigation process.
This revision also targets aspects of detention that have often been carried out based on concerns alone, such as the potential for suspects to flee or remove evidence. In fact, in many cases, the evidence is complete even before the case is referred to the prosecutor’s office. Therefore, the new Criminal Procedure Code is designed so that detention is only carried out if it is truly necessary objectively, not based on subjective assumptions of the authorities. This policy is expected to be able to limit repressive practices that are not in line with the principles of justice and human rights.
Support for this reform effort also came from the Chairman of Commission III of the Indonesian House of Representatives, Habiburokhman, that the Criminal Procedure Code Bill currently being discussed maintains the basic structure of the criminal justice system, including the authority to investigate and prosecute. However, the spirit of reform that is being carried emphasizes the principles of restorative, restitutive, and rehabilitative in the legal process. These three approaches reflect a new orientation that places more emphasis on the restoration and protection of rights, both for victims, perpetrators, and the wider community. One significant point of reform is the strengthening of the right to legal assistance from the beginning of the investigation process, even for witnesses and victims. This approach strengthens the position of individuals before the law and ensures that the legal process runs fairly from the earliest stages.
The Criminal Procedure Code Bill also accommodates the need to increase supervision of investigation and detention practices. To avoid violent practices or irregularities in the process, this new regulation is designed so that every examination process is accompanied by maximum supervision, including through CCTV recordings. In addition, strengthening the role of advocates in every stage will be a guarantee of protection for individual legal rights. This reflects the transformation of the criminal procedure system towards a more transparent and accountable direction.
The supervision aspect does not stop at the investigation and prosecution stage. The Judicial Commission (KY) also encouraged the new Criminal Procedure Code (KUHAP) to also provide a stronger legal basis for supervision of judges and judicial officials. KY Chairman, Amzulian Rifai, highlighted the weak regulation regarding the supervisory function of judges in the Criminal Procedure Code that has been in effect so far.
Previously, the Criminal Procedure Code only provided supervision space for the implementation of decisions at the court level. In fact, the law enforcement process begins from the early stages of investigation, and various forms of abuse of authority can occur from that point on. Therefore, the KY hopes that the revision of the Criminal Procedure Code will emphasize the role of supervision involving all actors in the justice system, including the behavior of judges and prosecutors at all levels of justice, not just their decisions.
Furthermore, KY also encourages greater access to case information, even in closed trials, for the sake of supervision and maintaining the integrity of the judiciary. This is important to answer the increasing public expectations for the accountability of law enforcement officers. Public reports to KY regarding the behavior of judicial officers show that public trust in the legal system is highly dependent on the transparency and responsiveness of supervision carried out by related institutions.
Optimism towards the Criminal Procedure Code Bill is not only due to the spirit of legal reform that is being promoted, but also because the drafting process involves broad public participation. The DPR ensures that the draft discussion is available for public access and opens up participatory space so that input from various groups can be accommodated optimally. This approach marks a commitment to creating a criminal procedure law system that not only answers the needs of the state, but also meets the public’s expectations for justice.
Thus, the Criminal Procedure Code Bill is not only a technical adjustment to the new Criminal Code, but also an important momentum to present a more humane, transparent, and accountable criminal justice system. The government and the DPR have shown a strong political will to realize comprehensive legal reform. Support from supervisory institutions such as the Judicial Commission also complements a healthier and more inclusive legal ecosystem. All of these elements form a solid foundation for the future of Indonesian justice that is fairer, more equal, and oriented towards protecting the rights of all citizens.
)* Legal Observer
