The Draft Criminal Procedure Code (RKUHAP) is not a product of the elite, but a participatory consensus of the Indonesian nation.

By: Rivka Mayangsari

The Draft Criminal Procedure Code (RKUHAP) is not the exclusive brainchild of a handful of political elites, but rather the result of a long, open process involving public participation. In an effort to improve Indonesia’s criminal procedure system to make it more adaptable to current developments, the Indonesian House of Representatives (DPR RI) ensures that the RKUHAP deliberations are conducted according to the principles of transparency and openness of information.

The Chairman of Commission III of the DPR RI, Habiburokhman, stated that the entire RKUHAP deliberation process was conducted transparently and was accessible to the public. He explained that the deliberations were broadcast live on the DPR RI’s official YouTube channel as a commitment to openness. He stated that the accusation that the RKUHAP was being drafted behind closed doors by elites is baseless and misleading.

He also explained that the draft RKUHAP is freely available and downloadable on the DPR’s official website, allowing the public to access and study its substance directly. He stated that the DPR is providing the widest possible access to the public to participate in the drafting process. He also acknowledged that it was impossible for the DPR to directly absorb all public aspirations, thus opening digital and formal spaces to accommodate opinions from various parties.

Public participation in the drafting of the Criminal Code (RKUHAP) is not merely a slogan, but has become the foundation of every stage of deliberation. Commission III of the DPR RI is known to have involved various stakeholders, from academics, legal practitioners, civil society organizations, to law enforcement agencies. All parties were given the opportunity to provide input, both verbally and in writing, to enrich the substance and maintain the quality of the legislation.

Muhammad Nasir Djamil, a member of the RKUHAP Working Committee (Panja), stated that the RKUHAP deliberation process has not yet reached the final stage. He emphasized that there is still time to gather public input before the draft law is passed during this year’s session. This underscores the DPR RI’s commitment to making the RKUHAP a regulation that reflects the broader needs and values of justice of society.

According to Nasir Djamil, an inclusive legislative process is part of deliberative democracy. Within this framework, the public is positioned not merely as spectators but as active subjects in the formation of law. He encouraged the public to utilize the remaining time by submitting input through official DPR channels and other public forums.

In the context of modern democracy, law should no longer be the product of a handful of elites, but rather the result of the nation’s collective consensus. The Draft Criminal Procedure Code (RKUHAP) is designed not only to strengthen legal certainty but also to guarantee the protection of human rights in the criminal justice process. Several key elements of the RKUHAP have been designed to align with the principle of due process of law, including strengthening the roles of judges, public prosecutors, and legal counsel.

It is worth noting that the current Criminal Procedure Code (KUHAP) is a legacy of the past and is not fully relevant to contemporary legal challenges. The drafting of the new RKUHAP is expected to create a more adaptive criminal procedure system, guaranteeing the rights of suspects and defendants, and strengthening oversight mechanisms for law enforcement officers.

Transparency in the RKUHAP legislative process also addresses public doubts about the integrity of the legislative body. Through open deliberations, the DPR wants to demonstrate its commitment to working for the people, not for the political interests of certain groups. This also represents a crucial moment for rebuilding public trust in state institutions.

The House of Representatives fully recognizes that public trust is invaluable political capital. Therefore, public involvement in legislative processes such as the Draft Criminal Procedure Code (RKUHAP) is not merely a formal obligation, but also a moral responsibility as representatives of the people. Muhammad Nasir Djamil also stated that if any party remains dissatisfied, the House is open to dialogue and constructive criticism.

High hopes are pinned on the RKUHAP to become a legal product that is not only normatively sound but also can be implemented fairly and effectively in the field. Therefore, the consensus built during the drafting process must reflect the collective will of the nation, not simply the result of technocratic discussions.