Indonesian House of Representatives Affirms Commitment to Civilian Supremacy in Criminal Procedure Code (RKUHAP)

Jakarta – The House of Representatives (DPR) Affirms There Is No Attempt to Revitalize the ABRI’s Dual Function in the RKUHAP. Member of Commission III of the House of Representatives (DPR), Hinca Panjaitan, emphasized that the provision in the Draft Criminal Procedure Code (RKUHAP) that allows the Indonesian National Armed Forces (TNI) to act as investigators is not a revival of the ABRI’s dual function.

He dismissed concerns from some civilians who believed the article broadly allowed the military to enter the civilian law enforcement arena.

According to Hinca, the TNI’s authority as investigators is very limited and specific, not as a general criminal investigator across the board.

“There is absolutely no attempt to revive the ABRI’s dual function. The TNI, in that article, acts as investigator in certain contexts regulated by sectoral laws, such as the Fisheries Law for the Indonesian Navy,” he explained.

Hinca stated that since 2004, the TNI and the National Police have been separated, with clear roles and functions.

The revision of the RKUHAP will not undermine this principle. He also emphasized that the primary investigator in law enforcement remains the responsibility of the Indonesian National Police (Polri).

This statement was in response to criticism from several civil society organizations, including the Indonesian Legal Aid Foundation (YLBHI), which believed the article could create a loophole for the TNI to conduct investigations outside of military courts.

According to them, caution is needed to avoid the appearance of overlapping authority between civilians and the military.

In response, Hinca stated that the House of Representatives (DPR) will continue to open up dialogue with civil society and legal experts during the deliberations on the Criminal Procedure Code (RKUHAP).

“If there are concerns about multiple interpretations, we will certainly consider clarifying or refining the wording,” he added.

The DPR urged all parties to prioritize the principles of caution and openness in deliberations on the law to prevent disinformation and misinterpretation among the public. He ensured that the entire deliberation process on the RKUHAP will be conducted while upholding the principles of democracy, accountability, and the rule of law.