The House of Representatives and Government Draft the Criminal Procedure Code According to Socio-Cultural Needs
Jakarta – The House of Representatives (DPR), together with the Government, is committed to drafting the Criminal Procedure Code (KUHAP) to be more responsive to the social and cultural developments of society. This reform aims to create a criminal justice system that is more just, transparent, and aligned with the needs of the times.
Prof. Dr. I Nyoman Nurjaya, Professor at the Faculty of Law, Brawijaya University (UB), emphasized the importance of updating the KUHAP as a strategic step to establish a dignified, fair, and integrity-based law enforcement system.
“If we want law enforcement that is dignified and with integrity, all law enforcement agencies must operate within a unified system, follow the same guidelines, and uphold justice and human rights,” said Prof. Nyoman.
Furthermore, Prof. Nyoman stated that the drafting of the KUHAP must be able to respond to the developments of the era, socio-cultural changes, and increasingly complex global challenges.
“The KUHAP currently being drafted must answer the demands of the times. Criminal procedure law reform must consider social dynamics, technological developments, and ever-changing global challenges,” he explained.
Prof. Nyoman also highlighted the importance of clear understanding and division of roles at every stage of criminal case handling, especially concerning the roles of investigators and inquirers. This aims to ensure that the legal process runs effectively without overlapping among institutions.
“The KUHAP draft must reflect our legal character. This reform is a golden opportunity to build a modern, integrated criminal procedure system rooted in the values of social justice,” he added.
Meanwhile, Dr. Arfan Kaimudin, S.H., M.H., Dean of the Faculty of Law at Islamic University of Malang (UNISMA), said the KUHAP reform is not merely about amending articles but must focus on strengthening the structure of authority and distribution of roles among law enforcement institutions.
“The KUHAP reform must clarify the division of functions within the criminal justice system: from investigation and inquiry by the police, prosecution by the Attorney General’s Office, to court proceedings by the judiciary. All must operate according to their respective roles and authority limits,” said Dr. Arfan.
According to him, the new era of criminal justice demands a system that is not only procedurally progressive but also consistent in guaranteeing human rights protection.
“Principles of justice and human rights protection can only be realized if the judicial functions do not overlap. Harmonization among institutions is an absolute requirement,” Dr. Arfan stated.
This KUHAP reform is expected to bring positive changes to Indonesia’s justice system, making the legal process more just, transparent, and reflective of Pancasila values that prioritize social justice for all Indonesian people.
