The Draft Criminal Procedure Code (Rancangan Kitab Undang-Undang Hukum Acara Pidana or RKUHAP), scheduled to take effect on Jan. 2, 2026, is currently being intensively discussed by the House of Representatives (DPR) with the involvement of academics and the public.
The revision aims to address the shortcomings of the existing Criminal Procedure Code (KUHAP) and to ensure the protection of human rights (HAM).
However, the current draft has raised concerns as it appears to strengthen law enforcement authority without clear limitations on legal assistance rights or adequate access for lawyers during the early stages of investigation, which could potentially lead to conflicts among various parties.
Dr. Muhammad Fatahillah Akbar, a lecturer at the Faculty of Law, Universitas Gadjah Mada (FH UGM) and one of the drafting team members of the KUHAP, stated that the revised version seeks to introduce clearer boundaries to address ongoing issues of overlapping authority.
As an example, he mentioned that powers such as arrest and detention should require approval from the head of the District Court and remain subject to judicial review.
“The draft is still being refined to ensure that the resulting KUHAP promotes fairness and upholds human rights. It will be discussed in a more comprehensive and specific manner to clarify institutional authority and better protect human rights,” said Dr. Akbar on Monday (Oct. 6).
According to Dr. Akbar, the KUHAP should ideally guarantee justice for offenders, victims, and society at large.
Therefore, the involvement and input of various stakeholders, including civil society, academics, and legal experts, are crucial in the drafting process of the RKUHAP.
“We aim to establish a balanced relationship among all these rights,” he emphasized.
Furthermore, Dr. Akbar emphasized that the revised draft must ensure investigator accountability and uphold human rights protection for all parties involved in legal proceedings, in accordance with their respective roles and responsibilities.
“There should be no arbitrary arrests or detentions, and such actions must always be subject to review. Lawyers must also be granted greater authority to assist during law enforcement processes to ensure that human rights are fully protected,” he added.
Author: Jesi
Editor: Gusti Grehenson
Post-editor: Rajendra Arya
Illustration: Freepik