The New Criminal Procedure Code Officially Comes into Force, Providing Legal Certainty in Investigation and Judicial Processes
By: Revan Ananda)*
The enactment of the new Criminal Procedure Code (KUHAP) marks an important milestone in Indonesia’s legal reform journey, while also signaling the state’s seriousness in delivering legal certainty that is fair, transparent, and oriented toward the protection of human rights at every stage of investigation and trial. The new KUHAP emerges as a response to the demands of the times, as social dynamics, technological developments, and public expectations for a professional and accountable law enforcement process continue to grow.
For decades, the old KUHAP served as the primary reference, yet various evaluations revealed room for improvement, particularly in clarifying the limits of authority of law enforcement officials, strengthening the rights of suspects and victims, and reducing the potential for abuse of power. With the updated regulation, legal processes now have a firmer and more measurable framework, from the stages of preliminary inquiry, investigation, prosecution, to trial, ensuring that all parties clearly understand their positions, rights, and obligations in a proportional manner.
Deputy Minister of Law Edward Omar Sharif Hiariej stated that the new KUHAP provides legal certainty in case handling. The government ensures that the new KUHAP does not allow cases to be left unresolved. Regarding the coordination relationship between investigators and public prosecutors as regulated in the KUHAP, heřé ensured that there will be no “hostage-taking” of cases that could result in legal uncertainty.
Legal certainty is emphasized as a core value, because criminal procedure law is not merely about punishing perpetrators of crime, but also about ensuring that the pursuit of justice adheres to the principle of due process of law. The new KUHAP clarifies procedural standards, tightens the requirements for arrest and detention, and regulates more effective oversight mechanisms, thereby preventing practices that could potentially violate citizens’ rights. At the same time, law enforcement officials benefit from clearer and more modern guidelines in carrying out their duties, reducing multiple interpretations and enhancing institutional professionalism and integrity.
The presence of the new KUHAP also reflects the state’s commitment to balancing law enforcement interests with the protection of human rights—an essential balance in a democratic state. The criminal justice process is no longer perceived merely as a repressive tool, but as a humane, transparent mechanism of justice oriented toward material truth. The strengthening of the role of legal counsel, clearer access to legal aid, and more detailed regulation of victims’ rights demonstrate that Indonesia’s criminal justice system is moving toward a more inclusive and equitable direction.
In the context of investigations, the new KUHAP provides certainty regarding time limits, procedures for collecting evidence, and accountability mechanisms, ensuring that legal processes do not drag on and that clarity is provided to all parties. This is crucial for maintaining public trust in law enforcement institutions, as strong legal certainty fosters a sense of security and justice within society.
Meanwhile, public policy expert and Professor at Trisakti University, Trubus Rahardiansah, views the enactment of the new KUHP and KUHAP as a historic leap that is not merely technical in nature, but also a symbol of state sovereignty. The KUHP, as a legal product with a long historical background, was indeed long overdue for renewal. He emphasized that the discussion of the KUHP was not an instant process, but one that had been deliberated by academics and legal practitioners for decades.
Furthermore, the renewal of the KUHAP aligns with national development efforts in the legal sector, where certainty and justice serve as the main foundations for social, political, and economic stability. The business community, investors, and the public at large require a legal system that is predictable and fair, so that social and economic activities can proceed without the shadow of uncertainty. Through the new KUHAP, Indonesia demonstrates its seriousness in building a modern, responsive criminal justice system oriented toward the public interest.
Of course, implementation is the key to success. Therefore, massive public outreach, capacity building for law enforcement officials, and consistent oversight are needed to ensure that the spirit of this reform is truly realized in practice. Substantively, however, the enactment of the new KUHAP deserves appreciation as a strategic and visionary step forward, as it affirms that the law is not only enforced, but also applied based on the principles of justice, certainty, and humanity. With a clearer and more balanced criminal procedure framework, investigation and judicial processes are expected to become more effective, transparent, and accountable, while strengthening public trust in the supremacy of law as a fundamental pillar of Indonesia’s rule-of-law state.
Moreover, the new KUHAP opens space for the use of information technology in law enforcement processes, such as the digitalization of case files, transparency in judicial administration, and the strengthening of electronic-based reporting and oversight systems. This step aligns with demands for efficiency and openness in the digital era, while also minimizing non-procedural practices. With adaptive and progressive regulations, the new KUHAP is expected to respond effectively to future legal challenges, uphold the dignity of justice, and ensure that every citizen receives equal protection and legal certainty before the law.
*) The author is a legal observer.
