The Criminal Procedure Code (KUHAP) has officially been passed into law by the Indonesian House of Representatives (DPR). Throughout the legislative process, various public responses emerged. Many expressed concern, fearing that the new law may open room for potential abuse of authority.
Criminal law scholar from Universitas Gadjah Mada (UGM), Dr. Sigid Riyanto, also acknowledged these concerns. According to him, any new legal development must be approached with caution and studied carefully.
“First, we must collectively prepare ourselves, and we must also recognize that no legal system is ever perfect. Second, every issue already has its mechanism, so whenever there is a legal violation, there is always a procedure to address it,” said Dr. Riyanto at the UGM Faculty of Law (FH UGM) on Wednesday (Nov. 26).
The range of public responses to the new KUHAP, in his view, reflects a natural part of the democratic process. As part of this process, he emphasized the importance of maintaining open spaces for discussion, allowing the public to voice criticism or input. Personally, he stated that he respects both policymakers and members of the public.
He noted that all parties involved in drafting the legislation have followed the existing legal mechanisms. However, he acknowledged that no legal product can fully satisfy everyone. Therefore, he believes that the best approach is to continue respecting the legal process while still offering constructive criticism.
Addressing concerns about potential abuses of authority, Dr. Riyanto identified three factors that influence law enforcement in Indonesia: legal substance, legal culture, and legal structure.
Legal structure concerns the human resources responsible for enforcement, particularly their intellectual capability and, more importantly, their moral integrity.
He also stressed the need for improvements in legal culture. He urged society to strengthen its compliance with the law, especially as Indonesia faces multiple challenges.
“In my view, human resources with strong moral character are crucial. No matter how good the law is, if individuals carry it out without dedication to legal principles, it becomes meaningless,” he explained.
Responding to criticism of vague provisions (pasal karet) in the new KUHAP, Dr. Riyanto stated that criminal law consists of norms that regulate what is permitted and prohibited. Thus, the applicable legal provisions are clearly defined. Any violation will carry consequences.
“If something does not align with legal rules, we have the right to defend ourselves to ensure our rights are upheld. Even if practice differs from theory, as I said earlier, law enforcers must not serve those in power, but rather serve the interests of the state,” he said.
Regarding public trust in the criminal justice system, Dr. Riyanto affirmed that the adoption of the principle of functional differentiation in the new KUHAP is appropriate. Through this system, each institution is expected to have competencies and authorities aligned with the responsibilities entrusted to it by the state.
“For a developed country, functional differentiation is essential. We must avoid situations where a single institution holds excessive authority. Therefore, each institution should operate strictly within the authority granted to it,” the expert stated.
Author: Salwa
Editor: Agung Nugroho
Post-editor: Rajendra Arya
Illustration: Amnesty International Indonesia