By: Denov Afrisal)
The deliberation of the Draft Criminal Procedure Code (RKUHAP) has drawn significant public attention. Amid growing concerns about transparency and public participation in the legislative process, the government and House of Representatives (DPR) taking the step to hold open hearings with community groups offers fresh hope for democracy. These hearings serve as concrete evidence that the discussion of RKUHAP is not being conducted behind closed doors or rushed, but rather remains open to input and criticism from a variety of stakeholders, including academics, legal practitioners, civil society organizations, and representatives of affected communities.
Held in various regions and at the national level, the hearings provide a strategic forum to discuss in depth various crucial articles of the RKUHAP. Key issues that have attracted public attention—such as warrantless arrests, the use of surveillance technology, and the roles of prosecutors and judges in pre-trial proceedings—have received serious attention in these forums. Open discussions like these demonstrate that the regulation drafting process is not simply top-down but is conducted through two-way dialogue between policymakers and the public.
Chairman of Commission III of the DPR RI, Habiburokhman, emphasized that the Draft Criminal Procedure Code (RUU KUHAP) will not expand the powers of the Indonesian National Police (Polri). On the contrary, the draft aims to strengthen control and accountability mechanisms by reducing certain powers previously considered too broad. This is intended to ensure a more balanced law enforcement process that protects both the interests of law enforcement officers and the human rights of suspects and victims.
The drafters of the RUU KUHAP have also ensured that the deliberation process is transparent and open to the public. Citizens are welcome to directly monitor the deliberations in Parliament, even if that means staying overnight at the parliamentary building to ensure the legislative process remains honest and accountable. This commitment to openness is proof that the RUU KUHAP is not being drafted unilaterally, but with attention to principles of participation and public oversight.
Meanwhile, Rikwanto, a member of Commission III of the DPR RI, explained that the RUU KUHAP is designed to deliver stronger justice and legal certainty, especially for people directly involved in legal processes. By updating regulations on criminal procedure, the draft law is expected to provide more proportional protection of the rights of suspects, victims, and other parties involved in criminal cases. The drafting of this regulation is also an effort to modernize and improve the criminal justice system so that it becomes more transparent and oriented towards restorative justice principles.
To reinforce its seriousness, Commission III of the DPR RI has established a Working Committee (Panja) for the RUU KUHAP. This step was taken after Commission III officially received the Inventory List of Issues (DIM) from the government. This committee will serve as the forum for technical and substantive discussions on each article in the draft law, involving various stakeholders to ensure that the resulting regulations truly meet national legal needs and reflect public aspirations.
Legal expert Firmansyah from Tarumanagara University (UNTAR) explained that transparency in the RKUHAP deliberation process serves as an essential bridge to build legal legitimacy in the eyes of the public. He argued that regulations created without public involvement risk losing social legitimacy and could lead to resistance in practice. Therefore, public hearings serve as a platform to align the academic draft and articles of the RKUHAP with the values of justice that live within society. This is in line with the principle of meaningful participation emphasized in Indonesia’s post-1998 legal reform process.
This step also addresses previous criticism regarding the lack of public involvement in drafting strategic legislation. By opening dialogue spaces, the drafters of the RKUHAP provide opportunities for all parties to contribute input, either directly in forums or through digital channels. This mechanism strengthens the public’s sense of ownership over the legal product that will apply broadly in society. Such openness becomes a crucial foundation to ensure that the RKUHAP is not only legally valid but also socially just.
It is important to understand that the RKUHAP is not merely a technical legal document but a key instrument in protecting human rights. Therefore, its drafting process cannot be separated from the spirit of constitutionalism and respect for due process of law. In this context, public hearings are part of the effort to uphold integrity and public trust in the legal system. When people are involved and feel heard, legislation is more likely to be respected and effectively implemented.
The DPR and government have affirmed their commitment to receiving and considering all input provided during the hearings. This input will be processed and reflected in revisions to articles still deemed problematic or open to multiple interpretations. In this way, the formation of the RKUHAP is not merely a political or legal process, but also a collective learning process in building a better, more responsive legal framework suited to societal dynamics.
Through public hearings with community groups, we are reminded that democracy does not stop at elections or power transitions. Democracy also thrives in dialogic processes like these, where laws are not created behind closed doors, but within open, participatory spaces. Therefore, the public must continue to monitor the deliberation process of the RKUHAP and ensure that transparency and participation are maintained until the law is officially enacted and implemented. Only through such means can legal justice truly belong to all citizens.
*) The author is a contributor to the Lingkar Khatulistiwa Institute
Public Hearings with Community Groups Prove Transparency in RKUHAP Deliberations
By: Denov Afrisal)
The ongoing deliberation of the Draft Criminal Procedure Code (RKUHAP) has become a public focal point. Amid concerns over transparency and public participation in the legislative process, the government’s and DPR’s initiative to hold open hearings with community groups has brought a breath of fresh air to Indonesian democracy. These public hearings serve as concrete proof that the discussion of the RKUHAP is not being conducted behind closed doors or in haste, but is open to input and criticism from various sectors, including academics, legal practitioners, civil society organizations, and representatives of affected communities.
These hearings, held both at regional and national levels, provide strategic spaces for in-depth discussions on critical articles within the RKUHAP. Issues of public concern—such as police authority to make warrantless arrests, the use of technology in wiretapping, and the roles of prosecutors and judges in pretrial processes—receive serious attention in these forums. Such open dialogues indicate that regulatory drafting is not merely a top-down process but involves two-way communication between policymakers and the public.
Chairman of Commission III of the DPR RI, Habiburokhman, emphasized that the new Criminal Procedure Code (KUHAP) draft will not expand the powers of the Indonesian National Police (Polri). On the contrary, the substance of the draft aims to strengthen control and accountability principles by reducing certain powers previously deemed excessive. This measure is intended to ensure a more balanced legal enforcement process, safeguarding the rights of both suspects and victims.
The drafters of the KUHAP Bill also ensure that the discussion process remains transparent and open to the public. Citizens are encouraged to monitor the discussions directly at the DPR, even to the extent of staying overnight at the parliament building, to ensure that the legislative process remains honest and accountable. This commitment to transparency is clear evidence that the KUHAP Bill is not being drafted unilaterally but with attention to principles of public participation and oversight.
Meanwhile, Commission III member Rikwanto explained that the KUHAP Bill is designed to deliver stronger justice and legal certainty, particularly for citizens directly involved in legal proceedings. Through updates to criminal procedural law regulations, the bill is expected to offer more proportional protection of the rights of suspects, victims, and other parties involved in criminal cases. The drafting of these regulations also represents an effort to modernize the criminal justice system, making it more transparent and oriented towards restorative justice principles.
As part of its serious approach to the deliberation, Commission III of the DPR RI has formed a Working Committee (Panja) for the KUHAP Bill. This step was taken after Commission III officially received the List of Problems Inventory (DIM) from the government. The Working Committee serves as the forum for technical and substantive discussions of each article in the bill, involving various stakeholders to ensure that the resulting regulations truly reflect national legal needs and the aspirations of the broader society.
Legal expert from Tarumanagara University (UNTAR), Firmansyah, explained that transparency in the RKUHAP deliberation process is a critical bridge for building legal legitimacy in the eyes of the public. He emphasized that laws drafted without public involvement risk losing social legitimacy and may face resistance in practice. Thus, public hearings serve as a means to align the academic texts and provisions of the RKUHAP with the justice values that live within society. This aligns with the principle of meaningful participation promoted in Indonesia’s post-1998 legal reform.
This approach also addresses earlier criticisms regarding the lack of public involvement in the discussion of strategic laws. By opening dialogue spaces, the RKUHAP drafters provide opportunities for all parties to offer input, whether directly in forums or through digital channels. This mechanism fosters public ownership of the legal product that will soon govern everyday life. This openness becomes a vital foundation to ensure that the RKUHAP is not only legally valid but also socially just.
It is important to understand that the RKUHAP is not merely a technical legal document, but a crucial instrument for safeguarding human rights. Therefore, its drafting process cannot be separated from the spirit of constitutionalism and respect for due process of law. In this context, public hearings are part of efforts to maintain the integrity and public trust in the legal system. When people are involved and feel heard, the resulting legislation is more likely to be respected and properly implemented.
The DPR and the government have expressed their commitment to accommodate and consider all feedback gathered during the hearings. This input will be processed and incorporated into revisions of problematic or potentially ambiguous articles. Thus, the formation of the RKUHAP becomes not merely a political or legal process but also a collective learning process toward building a better legal system that is responsive to society’s evolving needs.
Through these public hearings, we learn that democracy does not stop at elections or power rotation. Democracy also lives in dialogical processes such as this, where laws are not crafted behind closed doors but in open participatory spaces. Therefore, the public must continue to oversee the RKUHAP deliberation process, ensuring that transparency and participation are maintained until the RKUHAP is officially passed and implemented. Only in this way can legal justice truly belong to all citizens.
*) The author is a contributor to the Lingkar Khatulistiwa Institute
