Criminal procedure code bill deadline set for 2025

Jakarta (ANTARA) - Indonesia's Deputy Minister of Law Edward Hiariej has emphasized that the Draft Law on the Criminal Procedure Code (RUU KUHAP) must be finalized by 2025.

During a webinar on the dissemination of RUU KUHAP, held in Jakarta on Wednesday (May 28), he elaborated that this urgency arises from the Criminal Procedure Code’s close relationship and significant influence on the implementation of the Criminal Code (KUHP), which will come into force on January 2, 2026.

“Whether we like it or not, the RUU KUHAP must be enacted this year, 2025. The bill has profound consequences for the KUHP,” Deputy Minister of Law Edward Hiariej said, as quoted from an official statement confirmed on Tuesday.

He cited an example regarding detention provisions, pointing out that several articles related to detention will become invalid as of January 2, 2026.

Eddy explained that in the draft law, objective conditions for detention can still be applied even if the criminal threat is less than five years, based on certain articles in the previous KUHP. However, these articles will cease to apply starting January 2026.

“This means law enforcement officers will lose their legitimacy to conduct detention,” Hiariej stated.

“In other words, if a suspect or defendant is detained based on the provisions in Article 21, paragraph (4) of the KUHAP, then law enforcement officers will lose their legitimacy to detain,” he remarked.

Therefore, he underlined the need for a new KUHAP that aligns with the KUHP and better suits Indonesia’s national requirements.

The deputy minister highlighted that the RUU KUHAP reflects an improvement, shifting from the old KUHAP’s emphasis on crime control to a due process model that ensures a fair legal process.

He stressed that a crucial aspect of the due process model is guaranteeing the protection of human rights against arbitrary actions by law enforcement.

“Imagine someone being arrested, detained, searched, and having their property confiscated, yet they have not been declared guilty,” he stated.

Thus, with the protection of human rights, the philosophy of criminal procedure law is not only to process suspects but also to safeguard individuals from arbitrary actions by authorities.

Furthermore, Hiariej noted that modern criminal law paradigms, which stress corrective justice, rehabilitative justice, and restorative justice, have influenced the design of the RUU KUHAP.

He clarified that the bill incorporates restorative justice for all stakeholders, including the police, courts, prosecutors, and also prison inmates.

Given the substantial impact of KUHAP, the Ministry of Law (Kemenkum) has involved multiple stakeholders to gather input during its drafting process.

Kemenkum has held discussions with legal experts, related ministries and agencies, advocates, civil society coalitions, and academic communities as part of public participation.

“We have received valuable feedback, especially from advocates, because the extensive authority of law enforcement must be accompanied by the protection of human rights for individuals subject to criminal proceedings,” Hiariej added.