The Criminal Procedure Code Bill (RUU KUHAP): A Government Commitment to Deliver an Efficient and Equitable Justice System
By: Ricky Rinaldi*
It is not uncommon for individuals to be detained for months based solely on the subjective judgment of investigators, or for victims to be denied legal assistance from the outset. This is not merely a portrait of systemic imbalance—it is a stark signal that Indonesia’s criminal justice system is in urgent need of comprehensive reform. In response, the government and the House of Representatives (DPR) are currently deliberating the Draft Criminal Procedure Code Bill (RUU KUHAP) as a concrete effort to strengthen justice, efficiency, and human rights protection in legal processes.
Since its enactment in 1981, the current Criminal Procedure Code (KUHAP) has served as the primary reference for criminal proceedings in Indonesia. However, over four decades later, many of its provisions have become outdated amidst rapid societal and technological change. Today, digital advancements have accelerated, public awareness has grown, and the demand for fast and fair legal processes is increasingly urgent. The RUU KUHAP represents the government’s response to ensure that every citizen receives dignified and modern legal justice.
One of the key innovations in the bill is the enforcement of strict time limits at every stage of criminal proceedings. Previously, legal processes could drag on indefinitely without clear resolution. Now, the government seeks to institutionalize a system that mandates timely investigation, prosecution, and adjudication. This efficiency is critical to preventing injustice caused by excessive delays.
The RUU KUHAP also embraces advancements in digital technology. The government is promoting electronic systems in case management—from file transfers and summons to virtual court sessions. This initiative is not only efficient but also enhances transparency and minimizes the risk of abuse. It reflects the state’s serious intent to establish a modern, tech-based judiciary.
The draft also emphasizes the enhanced role of legal counsel as an integral part of a fair justice system. Lawyers are not only permitted to assist suspects but also victims and witnesses from the early stages of the legal process. They are empowered to challenge any inhumane treatment, such as intimidation or violence. This signifies the state’s commitment to prevent arbitrary treatment of its citizens within the justice system.
Stricter regulations on detention procedures are another key feature of the bill. Unlike in the past—when detention was often easily imposed based on investigator discretion—under the RUU KUHAP, detention must meet clear, evidence-based criteria. The belief or “conviction” of law enforcement alone will no longer suffice; solid legal grounds are required. This represents the government’s commitment to strengthening human rights protections while ensuring a more objective legal process.
Member of Commission III of the DPR, Habiburokhman, stated that the bill would reinforce the balanced rights of suspects, witnesses, and victims. The role of the state is not merely to punish, but to ensure fairness from the outset of every legal proceeding. He further emphasized that legal protection should no longer be a luxury—it must be a guaranteed right for all citizens, without exception.
Similarly, legislator Hinca Pandjaitan stressed that KUHAP reform is a monumental task that must be completed to address the demands of the era. He called on the public to contribute feedback during the drafting process. The government remains open to public input, believing that good law must be born from democratic participation. This is a testament to the democratic values upheld in Indonesia’s legislative process.
The RUU KUHAP also places emphasis on protecting vulnerable groups. Women, children, the elderly, and persons with disabilities will receive special consideration tailored to their needs. The government has even proposed installing surveillance cameras in interrogation and detention rooms to prevent torture or abuse. These measures ensure that no part of the legal process remains hidden or unchecked.
Additionally, the bill promotes alternative dispute resolution through diversion and restorative justice mechanisms—especially for minor offenses and juvenile cases. The state seeks to create a more humane form of justice, not one focused solely on punishment. Diversion mechanisms are expected to reduce the burden on correctional institutions, speed up case resolution, and help restore social harmony disrupted by crime.
Fundamentally, the RUU KUHAP represents a new direction in criminal procedural law reform. This transformation is not only about refining procedures, but also about demonstrating the state’s true commitment to justice. It aims to strike a balance between legal certainty, rights protection, and procedural efficiency. This marks a significant step forward toward a more civilized legal system in Indonesia.
In a healthy democracy, the RUU KUHAP is proof that the government is not ignoring long-standing public concerns about the justice system. The government understands that justice is not merely reflected in the final court ruling—but in the entire process: how officials conduct their duties, how citizens are treated, and how the state ensures that no one is disadvantaged simply because they are poor or powerless.
With strong commitment from the government, active support from the DPR, and increasingly widespread public participation, there is good reason to place high hopes on the RUU KUHAP. If implemented in earnest, this criminal procedure reform will be a historic milestone in Indonesia’s legal development—a major leap toward a fast, fair, and people-centered justice system.
*) Strategic Issues Analyst
