The Criminal Procedure Code Bill is a New Milestone in Criminal Procedure Law Reform in Indonesia
JAKARTA- The reform of the Indonesian criminal law system has entered an important phase with the discussion of the Draft Law on the Criminal Procedure Code (RUU KUHAP). After more than four decades of using Law Number 8 of 1981, there is now an urgent need to present a criminal procedure law system that is more adaptive, fair, and upholds human rights.
Prof. Dr. Ibnu Sina Chandranegara, Professor of Law at the Muhammadiyah University of Jakarta, emphasized the importance of this momentum as a corrective path to the orientation of punishment that is still dominant in the current justice system.
“The criminal justice system must continue to be encouraged to balance the effectiveness of law enforcement and the protection of human rights as stated in the spirit of the RUU KUHAP. The RUU KUHAP must be a tool to fairly sort out who is guilty and who is not,” said Ibnu Sina.
The principle of restorative justice is one of the main innovations in this draft. Settlement of cases through dialogue between victims and perpetrators is considered more capable of restoring social relations and avoiding disproportionate criminal burdens.
Adies Kadir, Deputy Speaker of the DPR from the Golkar Faction, said that the drafting of the Criminal Procedure Code Bill is part of a comprehensive improvement of the law enforcement process in Indonesia.
“This bill will replace Law Number 8 of 1981 and contains procedures for enforcing criminal law that upholds human rights and supervises the performance of law enforcement officers,” said Adies.
This bill also strengthens the role of advocates in assisting not only suspects, but also witnesses and victims. Advocates are given space to file objections if intimidation occurs during the investigation process. In addition, the installation of CCTV in examination and detention rooms is mandatory in order to prevent violent practices or abuse of authority.
Habiburokhman, a member of Commission III of the DPR RI from the Gerindra Faction, emphasized community involvement as an absolute requirement in formulating credible and relevant legal products.
“Public involvement is very important to ensure that this regulation is not only legal, but also legitimate and provides solutions,” concluded Habiburokhman.
With the spirit of openness and comprehensive reform, the Criminal Procedure Code Bill is expected to be a strong foundation for a more transparent, fair, and humane criminal justice system. The government together with the Indonesian House of Representatives have prepared strategic steps to ensure the readiness of the apparatus, strengthening of infrastructure, and supervision of the integrity of law enforcement. However, with a shared commitment, this criminal procedure law reform is believed to be able to present justice that touches the root of the problem and reaches all levels of society.
