Involve Civilians In RKUHAP Discussion, Assessed Can Strengthen Legitimization Of Legal Products

The DPR Commission III's invitation to the Civil Society Coalition to receive input related to the preparation of the draft Criminal Procedure Code (RKUHAP) was appreciated by various parties. Commission III of the DPR is considered to have a commitment to involve the community in discussing a law.

"Commission III's invitation to the Civil Society Coalition in the discussion of the RKUHAP is good. This means that there is enthusiasm from council members to commit to involving public participation in every discussion of the law," said Political Communication Observer Silvanus Alvin, Thursday, April 10.

Alvin also supports the attitude of Commission III of the DPR who is also willing to accept and listen to the criticisms conveyed by civil society directly, even inviting the media to report the criticism and input.

"This means that Commission III really gave an example of the practice of discussing laws that are transparent," said Alvin.

According to Alvin, Commission III of the DPR learned from the discussion of changes to the Law on the Indonesian National Army (UU TNI) which had received a strong reaction from the public because the discussion was considered closed. The DPR is considered trying to improve itself through this discussion of the RKUHAP.

"I see this effort as also a form of constructive self-improvement and learned from the experience of discussing the TNI Bill," said Alvin.

Apart from the content of the RKUHAP which is quite criticized by the public, Alvin assessed that the DPR's attitude in opening the space for public participation should be appreciated. Because according to him, this shows the good faith of the DPR as a representative of the people, especially since the acceptance of public participation is carried out in the midst of the DPR's recess.

"Of course it is hoped that not only Commission III, but all commissions and agencies in the DPR can truly uphold the spirit of transparency that involves public participation," he said.

Alvin said that the involvement of civil society in the discussion of the RKUHAP would help strengthen the legitimacy of legal products. When the public feels involved, according to him, the results of the law are easier to accept and implement.

"This action by Commission III of the DPR can be a concrete effort to improve the image of the legislature as an open and pro-people institution," concluded Alvin.

To note, Commission III of the DPR invited the Civil Society Coalition for the update of the Criminal Procedure Code to discuss and get input related to the preparation of a draft Criminal Procedure Code (RKUHAP) at the Parliament Complex, Senayan, Jakarta, Tuesday, April 8, yesterday.

The Civil Society Coalition consists of the Indonesian Legal Aid Foundation (YLBHI), the Alliance of Independent Journalists (AJI), the Indonesian Legal Resource Center (ILRC), the LBH Jakarta, the Institute for Criminal Justice Reform (ICJR), Amnesty International, and the Indonesian Legal Aid and Human Rights Association (PBHI).

To Commission III, the Civil Society Coalition urges the DPR to improve the process of discussing the revision of the Criminal Procedure Code so that it is more open and transparent. This is so as not to raise questions and suspicions from the public regarding changes to the Criminal Procedure Code.

The Civil Society Coalition also reminded that discussions on the revision of the Criminal Procedure Code should be carried out carefully and not in a hurry. Because according to them, there are many problems that must be discussed seriously and not in a hurry.

Meanwhile, Chairman of Commission III of the DPR Habiburokhman previously said that the final draft of the RKUHAP had been completed at the preparation stage and Commission III would immediately discuss it during the upcoming session. This step was taken after the Presidential Letter (Surpres) related to the bill was signed by President Prabowo Subianto and submitted to the DPR.

"This KUHAP replaces the old Criminal Procedure Code which has been in effect this year for around 44 years because (from 1981) it is now 44 years old and of course we must also adjust it to the new Criminal Code which will take effect on January 1, 2026," said Habiburokhman, at a press conference at Nusantara II Building, Senayan, Jakarta, Thursday, March 20.

Several things that are underlined in the discussion of the new Criminal Procedure Code include the question of not changing the authority of law enforcement officers in the criminal justice system. The National Police remains the main investigator, and the Prosecutor remains the sole prosecutor.

Habiburokhman also said that the new Criminal Procedure Code contains many improvements because it adapts to the new Criminal Code which adheres to the value of restoration, restitution, and rehabilitation. In addition, the Criminal Procedure Code has only strengthened the role of advocates, who can now submit objections if there is intimidation against their clients. Advocates can also accompany witnesses and victims, not only suspects.

The new Criminal Procedure Code is also said to maximize restorative justice or restorative justice which is an approach in the criminal justice system that focuses on recovering victims' losses and improving relations between perpetrators, victims, and the community.