By: Andi Suryatma
The Government of Indonesia and the House of Representatives (DPR RI) have taken decisive steps to strengthen the national legal system by accelerating the deliberation of the Draft Law on Amendments to Law No. 8 of 1981 concerning Criminal Procedure Law (Criminal Procedure Code Bill or RUU KUHAP).
This initiative is not merely a normative obligation but also a concrete manifestation of the national legal reform agenda, prioritizing justice, humanity, and legal certainty.
Chairman of Commission III of the DPR RI, Habiburokhman, has affirmed that the deliberation of the Criminal Procedure Code Bill will be concluded in the near future.
According to him, the urgency of this revision stems from the need for a procedural law framework that can operationalize the newly codified Criminal Code (KUHP), which embodies the spirit of modern law.
The new KUHP moves away from a retributive paradigm and instead promotes a model of justice centered on restoration and substantive fairness.
Previously, the old Criminal Procedure Code was widely known for emphasizing a crime control approach, focusing on efficiency and speed as its main benchmarks.
This model, academically referred to as the crime control model, often overlooked human rights principles, particularly the presumption of innocence.
The old KUHAP provided limited protections for suspects’ rights and curtailed the role of legal counsel in assisting defendants.
This imbalance prompted criticism from legal communities and human rights activists alike.
In contrast, the proposed Criminal Procedure Code Bill adopts the due process of law paradigm, emphasizing the quality of legal proceedings and respect for individual liberties.
This shift reflects a new orientation in legal development — one that not only seeks to reduce crime rates but also guarantees that case handling is conducted fairly, transparently, and with full regard for human rights.
Deputy Minister of Law and Human Rights, Edward Omar Sharif Hiariej, stressed that the renewal of the Criminal Procedure Code is an inevitability.
According to him, the recently enacted KUHP promotes corrective, restorative, and rehabilitative justice principles, which require a corresponding procedural framework to avoid distortions in practice.
He emphasized that a modern procedural law system must provide justice not only for victims but also for offenders, within a framework that upholds fairness.
In this context, the government views the revision of the KUHAP as a critical part of consolidating the national criminal justice system.
New elements, such as an active pretrial mechanism, are being designed to prevent arbitrary detention.
Draft provisions requiring judicial review before a detention order can be issued are a concrete measure to safeguard individual freedoms — addressing long-standing public concerns over the lack of oversight in pretrial detention processes.
Furthermore, the Criminal Procedure Code Bill pays close attention to protecting the fundamental rights of suspects, including the right to legal counsel, the right to be free from torture, and access to healthcare services.
The government aims to ensure that these protections are not merely normative but are effectively implemented in law enforcement practices.
In essence, the state seeks to demonstrate that the law is not merely an instrument of power but a tool of justice that guarantees security for all citizens.
The Chairman of Commission III emphasized the alignment between the legal-political spirit of the new KUHP and the Criminal Procedure Code Bill as essential for ensuring a cohesive national legal system.
Thus, the revision of the KUHAP must not proceed in a fragmented manner but must reflect the broader vision of Indonesia’s legal reform.
In its implementation, the public will be actively engaged, ensuring that feedback can meaningfully contribute to relevant and applicable improvements.
Head of the Parliamentary Expertise Board (Badan Keahlian DPR RI), Inosentius Samsul, views public participation not only as a democratic necessity but also as a way to prepare society for the implementation of the new regulatory framework.
An open legislative process will strengthen public trust in legislative institutions and ensure that every article drafted reflects the genuine legal needs of society at large.
The Criminal Procedure Code Bill is also designed to harmonize with other contemporary regulations, avoiding contradictions across the legal framework.
The government stresses that updating the KUHAP must preserve the continuity of the legal system without compromising the universally accepted foundational principles.
Thus, harmonization and synchronization efforts are being continuously pursued in collaboration with relevant institutions.
This major procedural reform demonstrates that the state is not remaining passive in the face of criticisms and challenges to the current criminal justice system.
Together, the government and DPR RI are not merely fulfilling normative obligations but are demonstrating a genuine commitment to building a humanistic, just, and legally certain framework for all citizens.
With a clearer reform direction and strong political commitment, the passage of the Criminal Procedure Code Bill marks a significant milestone in Indonesia’s legal history — not only addressing past challenges but also laying a solid and relevant legal foundation for the future.
The author is a contributor to Jendela Baca Institute.
