The Criminal Procedure Code Bill (RUU KUHAP) Addresses the Challenges of Modern Law Enforcement
By: Atonius Sitohang*
Indonesia, as the most populous country in Southeast Asia, possesses a complex legal system that continues to evolve in response to social dynamics and contemporary demands. One of the critical elements of Indonesia’s legal framework is the Criminal Procedure Code (KUHAP). The Draft Law on Criminal Procedure (RUU KUHAP) is a strategic initiative aimed at addressing these challenges and meeting the public’s demand for a more modern, efficient, and transparent justice system.
One of the long-standing criticisms of the current KUHAP is its procedural complexity and slow pace, which can lead to injustice for both defendants and victims. Additionally, the rapid advancement of information and communication technology necessitates updates to the legal system, which can no longer rely solely on traditional mechanisms.
The renewal of KUHAP has become an urgent necessity. The RUU KUHAP is being designed to be more adaptive to the times and capable of responding to the increasingly complex demands of law enforcement. It introduces significant reforms, particularly in the protection and promotion of human rights within the criminal justice process.
Chairman of Commission III of the House of Representatives (DPR RI), Habiburokhman, stated that the new KUHAP draft is a crucial step in closing the gaps in human rights protection within Indonesia’s criminal justice system. The revision must strike a balance between firm law enforcement and respect for human rights, while also strengthening the role of legal counsel in assisting suspects.
These reforms are expected to reduce practices such as torture, unlawful detention, and prolonged detention without legal certainty. One of the key breakthroughs in the RUU KUHAP is the clearer regulation of detention procedures, including stricter limits on detention periods and more transparent mechanisms for extension.
Besides human rights protection, the development of information technology is another central focus of the RUU KUHAP. In today’s digital era, every aspect of life is connected to technology, including the legal domain. Integrating technology into legal procedures will help accelerate judicial processes.
The RUU KUHAP recognizes the importance of technological innovation to face current challenges, particularly in relation to digital evidence, virtual court hearings, and the use of digital applications to enhance public access to legal information.
A vital reform proposed in the draft law is the formal recognition of electronic evidence in investigations and trials. In a world increasingly dominated by digital interactions, cybercrime is on the rise, and evidence obtained through technology has become crucial.
The bill provides for the admissibility of electronic evidence—such as video recordings, emails, text messages, and other digital data—as legitimate evidence in court. This will empower authorities to more effectively tackle modern crimes and expedite case resolution.
In addition, the use of technology in court proceedings is to be expanded, including video conferencing for defendants in custody, thereby reducing the time and cost of trials. This will be especially beneficial in remote areas with limited access to legal infrastructure and will help ease courtroom congestion.
Legal scholar and activist Gus Aan expressed appreciation for the RUU KUHAP, as it strengthens the role of prosecutors as dominus litis—the principal party in charge of criminal prosecution. This shift is expected to bring significant improvements to Indonesia’s criminal justice system by ensuring greater transparency, accountability, and fairness for all parties.
The bill also focuses on enhancing the functions of investigators and prosecutors to ensure their independence and improve the quality of investigations and prosecutions. A faster and more efficient legal process is anticipated to reduce corruption and abuse of power within the justice system. Accessibility of legal services for the general public is another major concern addressed by the RUU KUHAP.
The new KUHAP is expected to enable quicker and more appropriate responses to emerging crimes, using more flexible and adaptive mechanisms. Law enforcement officers will be better equipped to identify offenders and expedite legal proceedings, particularly in cases involving digital crimes.
The adoption of electronic evidence and other technologies is anticipated to boost the effectiveness of investigations and deliver better outcomes in law enforcement. This is essential in tackling increasingly sophisticated and complex crimes that traditional methods can no longer manage.
Commission III member and former Police Commissioner General Adang Daradjatun has expressed strong support for the RUU KUHAP, viewing it as a strategic step toward aligning the criminal justice system with modern developments. He emphasized the importance of integrating technology into legal processes, including online trials and electronic evidence, to improve efficiency and transparency.
The RUU KUHAP represents a comprehensive response to the challenges faced by Indonesia’s justice system in enforcing the law in the modern era. The proposed updates aim to establish a more efficient, transparent, and equitable legal system by incorporating technological advances, upholding human rights, and ensuring faster and more accessible legal proceedings.
In conclusion, the RUU KUHAP is a strategic move to ensure that law enforcement in Indonesia not only reflects the values of justice but is also capable of adapting to the demands of a rapidly changing world.
*) The author is a Strategic Policy Analyst
