DPR and Government Draft 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 social and cultural developments in society. This update aims to create a criminal justice system that is fairer, more transparent, and in accordance with the needs of the times.
Professor of the Faculty of Law, Brawijaya University (UB) Prof. Dr. I Nyoman Nurjaya said the importance of updating the Criminal Procedure Code as a strategic step to create a dignified, fair, and integrity-based law enforcement system.
“If we want dignified and integrity-based law enforcement, then all law enforcement agencies must have one system, have the same guidelines, and uphold justice and human rights,” said Prof. Nyoman
Furthermore, Prof. Nyoman stated that the drafting of the Criminal Procedure Code must be able to respond to increasingly complex developments in the times, socio-culture, and global challenges.
“The drafted Criminal Procedure Code must be the answer to the needs of the times. Criminal procedure law reform must take into account social dynamics, technological developments, and global challenges that continue to change,” he said.
Prof. Nyoman also highlighted the importance of a clear understanding and division of roles in each stage of handling criminal cases, especially regarding the roles of investigators and investigators. This aims to ensure that the legal process runs effectively and does not overlap between institutions.
“The draft Criminal Procedure Code must be a reflection of our legal character. This update is a golden opportunity to build a modern, integrated criminal procedure law system rooted in the values of social justice,” he said.
Meanwhile, the Dean of the Faculty of Law, University of Islam Malang (UNISMA), Dr. Arfan Kaimudin, S.H., M.H., said that the update of the Criminal Procedure Code does not only involve changes to articles, but must be oriented towards strengthening the structure of authority and distribution of roles between law enforcement agencies.
“The reform of the Criminal Procedure Code must be able to clarify the division of functions in the criminal justice system: from investigations and inquiries by the National Police, prosecution by the Prosecutor’s Office, to the trial process by the judicial institution. All must run according to their respective roles and limits of authority,” 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 the protection of human rights.
“The principles of justice and human rights protection can only be realized if the functions of the judiciary do not overlap. Harmonization between institutions is an absolute requirement,” said Dr. Arfan.
The renewal of the Criminal Procedure Code is expected to bring positive changes to the Indonesian justice system, making the legal process fairer, more transparent, and reflecting the values of Pancasila which prioritize social justice for all Indonesian people.
