Indonesia Criminal Procedure Code: Public Participation Focus

by Ahmed Ibrahim

Indonesia Prioritizes Public Input in Landmark Criminal Procedure Code Revision

Indonesia is undertaking a sweeping overhaul of its Criminal Procedure Code (KUHAP), with officials emphasizing an unprecedented level of public participation in the drafting process. The move, announced on Monday, January 5, 2026, aims to strengthen the nation’s criminal justice system and safeguard essential rights.

The drafting of the new KUHAP has been guided by the principle of meaningful public participation, ensuring that the voices of Indonesian citizens are genuinely reflected in the new legislation. This approach aligns with Constitutional Court Decision No. 91/PUU-XVII/2020, which enshrines the public’s right to be heard, to have their opinions considered, and to receive explanations regarding policy decisions.

Did you know? – Indonesia’s Constitutional Court plays a vital role in upholding citizen rights by mandating public involvement in lawmaking, as demonstrated in Decision No. 91/PUU-XVII/2020.

Extensive Collaboration Shapes New Code

According to a senior official, this revision represents a turning point in Indonesian legislative history. “In the case of the Criminal Procedure Code, I believe there has never been such an extensive level of public involvement in our legislative history-what we refer to as meaningful participation-as in the drafting and discussion of this KUHAP,” the official stated during a press conference in Jakarta.

The drafting process has actively engaged nearly all law faculties across indonesia, fostering academic contributions to the legal framework. Beyond the academic sphere, the government has proactively sought input from a diverse range of civil society groups, creating channels for recommendations and perspectives. This collaborative effort is being conducted in partnership with the House of Representatives, ensuring a broad base of support for the reforms.

Progressive Provisions to Enhance justice

The revised KUHAP introduces several key provisions designed to modernize and improve Indonesia’s criminal justice system. One significant change involves implementing stricter time limits for handling criminal cases, a measure intended to enhance legal certainty and reduce delays in the judicial process.

Perhaps most notably, the draft law mandates the use of surveillance cameras during suspect examinations conducted by investigators. This measure is a direct response to concerns about potential abuses of power and aims to prevent torture, intimidation, and violations of the rights of suspects, victims, and witnesses.

Moreover, the proposed code explicitly prohibits investigators and prosecutors from engaging in arbitrary actions, degrading human dignity, or exhibiting unprofessional conduct. these safeguards are intended to uphold ethical standards and ensure fair treatment throughout the criminal justice process.

Pro tip – The inclusion of surveillance cameras during interrogations is a key step toward transparency and accountability within Indonesia’s law enforcement agencies.

“The reforms are designed to balance the need to enforce the law and protect human rights while maintaining public order,” the official explained. “That protection is clearly reflected in both the new Criminal Code and the revised Criminal Procedure Code.”

The reforms signal a commitment to a more transparent, accountable, and rights-respecting criminal justice system in Indonesia, marking a significant step forward in the nation’s legal evolution.

Why: Indonesia is revising its Criminal Procedure Code (KUHAP) to modernize its criminal justice system, enhance legal certainty, and safeguard fundamental rights. The revision is driven by a commitment to meaningful public participation and Constitutional Court rulings.

Who: The key players involved are the Indonesian government,law faculties across Indonesia,civil society groups,the House of Representatives,and Indonesian citizens. A senior official provided key statements regarding the process.

What: The revision includes provisions for stricter time limits for case handling, mandatory surveillance cameras during suspect examinations, and prohibitions against arbitrary actions by investigators and prosecutors.

how did it end?: The process is ongoing, with the draft law reflecting a commitment to a more transparent and rights-respecting system.The reforms are intended to balance law enforcement with human rights and public

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