The ratification of the Criminal Procedure Code (KUHAP) has undergone comprehensive discussions and involved elements of society
By: Tri Moerdani) *
The Indonesian House of Representatives (DPR RI) has officially ratified the Draft Criminal Procedure Code (RKUHAP) into law. The ratification of the new KUHAP marks a significant step in reforming Indonesia’s criminal justice system. This lengthy process took into account social dynamics, modern legal needs, and demands for transparency.
The discussions were not rushed, but rather a series of discussions involving various stakeholders. Academics, legal practitioners, and civil society organizations also provided constructive input.
The Speaker of the Indonesian House of Representatives, Puan Maharani, said that the process of discussing the Draft Law (RUU) on the Criminal Procedure Code (KUHAP) had fulfilled the elements of meaningful participation.
It’s important to note that meaningful participation in lawmaking is a principle that emphasizes real, substantive, and influential public involvement in the legislative process, not just formality. This principle requires that the public not only be given the opportunity to be present but also to be heard, considered, and responded to by lawmakers.
Puan explained that the legislative process from the RKUHAP (Code of Criminal Procedure Code) to its enactment into law had taken approximately two years and involved extensive public participation. She revealed that at least 130 inputs were received during the process.
In fact, Puan continued, Commission III of the Indonesian House of Representatives has conducted a series of activities to absorb aspirations in various regions in Indonesia such as Yogyakarta, Sumatra, and Sulawesi, so that a lot of input has been obtained since 2023. The Chairperson of the PDIP DPP also said that many elements of society were involved in the preparation of the new substance of the RKUHAP.
Puan explained that the lengthy deliberation process was necessary so that the new regulations could address the various issues that had arisen during the more than four decades of the old law’s validity.
In line with this, the Chairman of Commission III of the Indonesian House of Representatives, Habiburokhman, emphasized that his office had held a public hearing (RDPU) with 130 community members during the deliberations on the revision of Law Number 8 of 1981 concerning Criminal Procedure Code (RUU KUHAP). The House of Representatives (DPR) had made every effort to fulfill the element of meaningful participation before the KUHAP was passed.
Habiburokhman explained that since February 2025, Commission III of the Indonesian House of Representatives (DPR RI) has uploaded the draft Criminal Procedure Code (KUHAP) to the dpr.go.id website and conducted open discussions on the Draft Criminal Procedure Code (DIM). Subsequently, public hearings (RDPU) were held with at least 130 parties from various segments of society, academics, advocates, and law enforcement agencies.
Habiburokhman said the old Criminal Procedure Code (KUHAP) requires updating to strengthen citizens’ position under the law. Meanwhile, the new KUHAP, which has been ratified by the House of Representatives (DPR), accommodates the needs of vulnerable groups, clarifies detention conditions, provides protection from torture, strengthens and protects victims’ rights, provides compensation, restitution, rehabilitation, and restorative justice.
Habiburokhman also emphasized that under the old Criminal Procedure Code, the state and law enforcement officials held an overly powerful position. In the new Criminal Procedure Code, citizens’ rights are empowered, and their roles are strengthened through the strengthening of the legal profession as advocates. Furthermore, the newly ratified Criminal Procedure Code is necessary as Law Number 1 of 2023 concerning the Criminal Code (KUHP) will come into effect on January 2, 2026.
From the government’s perspective, Minister of Law Supratman Andi Agtas also claimed that the deliberations on the Criminal Procedure Code (KUHAP) bill involved public participation. According to him, no other law has ever been as meaningfully participatory as the KUHAP. The government has also invited all universities with law faculties across Indonesia to provide input.
Public involvement in this legislative process demonstrates the government’s commitment to providing responsive and accountable legal regulations. Based on meaningful participation, these regulations have strong legitimacy as legal products born from public needs and aspirations.
It is hoped that the new Criminal Procedure Code will be able to answer current legal challenges while strengthening the protection of citizens’ rights, thereby strengthening the legitimacy of the Criminal Procedure Code as a legal instrument that is more adaptive to changing times.
So far, Law Number 8 of 1981 concerning the Criminal Procedure Code has been a milestone in the legal independence of the Indonesian nation, replacing the HIR (Herziene Indlandsch Reglement) which was a colonial legacy, and affirming the principle that Indonesia is a state based on law based on Pancasila and the 1945 Constitution.
However, after more than four decades, changes in the state system, advances in information technology, and social dynamics have brought new challenges. Therefore, reforming the Criminal Procedure Code (KUHAP) is necessary to make criminal procedure law more adaptive, modern, and just.
Thus, it is hoped that the public will view this update to the Criminal Procedure Code as a step forward for a more humane and modern national legal system. By understanding the substance of the changes, the public can help ensure that the Criminal Procedure Code is consistently applied in accordance with the principles of justice.
Public acceptance and support are key to the successful implementation of this law. With collaboration between the public, the government, and law enforcement officials, the new Criminal Procedure Code can truly serve as a foundation for strengthening legal certainty and public trust.
)* Legal Observer
