Politics
16 April 2025
Government prepares for crucial discussions on the Criminal Procedure Code to enhance protections for suspects and ensure legal certainty.
The Indonesian government is taking significant steps towards revising its Criminal Procedure Code (KUHAP), with a focus on enhancing human rights protections. On April 15, 2025, Minister of Law Supratman Andi Agtas announced that the government is preparing a list of inventory problems (DIM) following a presidential letter sent by President Prabowo Subianto regarding the KUHAP revision.
During a press conference at the Ministry of Law and Human Rights office in Kuningan, Jakarta, Supratman stated that a coordination meeting would be held involving key stakeholders, including the Supreme Court, the State Secretariat, the Attorney General's Office, and the National Police. "So, the DIM is currently at the Ministry of Law, and we will conduct a coordination meeting with the Supreme Court, the State Secretary, the Attorney General's Office, and the Police to gather input for the preparation," Supratman explained.
One of the primary focuses of the draft revision is the protection of human rights, particularly concerning suspects involved in legal proceedings. Supratman noted that the draft emphasizes the need for safeguarding the rights of individuals who are presumed innocent until proven guilty. "If I look at the rules in the draft from the DPR regarding KUHAP, it is more focused on the protection of those suspected of crimes, which concerns human rights protection," he said.
Despite the proposed changes, Supratman indicated that the fundamental duties and functions of law enforcement agencies, including the Police, the Prosecutor's Office, and the Courts, would not see significant alterations. "Almost no changes," he remarked. He also mentioned that the revision aims to provide legal certainty through restorative justice measures.
On the legislative front, the discussion surrounding the KUHAP revision has been handed over to the leadership of the DPR (People's Consultative Assembly). DPR Speaker Puan Maharani stated that formal discussions on the KUHAP revision would commence after the opening of the trial period on April 17, 2025, as the assembly is currently in recess.
In the meantime, Commission III of the DPR has initiated public hearings to gather input from civil society regarding the KUHAP revision. This comes as various civil society groups urge the DPR not to rush the process. Muhamad Isnur, the Chairman of the Indonesian Legal Aid Foundation (YLBHI), emphasized the importance of careful deliberation. "We remind that the discussions should not be rushed, slowly, and not as if targeted to be completed, for example, in May or June," he stated.
Adding to the urgency of the matter, Commission III Chairman Habiburokhman noted that this revision marks the first substantial update to the KUHAP in 44 years. He highlighted that the revisions align with the new Criminal Code (KUHP) set to take effect in early 2026, which incorporates restorative, restitutive, and rehabilitative justice principles.
Habiburokhman elaborated on some key areas of focus within the KUHAP revision, including measures to prevent violence during investigations, strengthening the role of advocates, maximizing restorative justice, protecting the rights of vulnerable groups in legal processes, and adding conditions for detention. "In essence, the new KUHAP does not change the authority of law enforcement officials within the criminal justice system," he concluded.
As the discussions move forward, the government and civil society remain engaged in a dialogue about the importance of ensuring that the legal framework protects the rights of all individuals involved in the judicial process. The outcome of these revisions could have lasting implications for Indonesia's legal landscape and its commitment to human rights.
