Commission III Of The DPR And The Government Agree That The Criminal Procedure Code Bill Will Be Brought To The Plenary Meeting To Be Ratified

JAKARTA - Commission III of the DPR together with the government approved that the Draft Law on the Criminal Procedure Code (RUU KUHAP) be brought into a plenary meeting to be ratified into law.

The approval was taken at the DPR Commission III working meeting with the Minister of State Secretary and the Indonesian Minister of Law and Human Rights at the DPR building, Senayan, Jakarta, Thursday, November 13.

"As we all know, the leadership of the DPR RI has assigned Commission III of the DPR RI to discuss the Draft Law (RUU) on the Proposal of the DPR Initiative, namely the Draft Law on the Criminal Procedure Code (KUHAP). At the DPR RI Plenary Session on February 18, 2025, it has been stipulated that the KUHAP Bill is the Proposal Bill for the Initiative of the DPR RI," said Chairman of Commission III of the DPR Habiburokhman, starting the meeting.

Habiburokhman said the DPR then submitted a letter to the President of the Republic of Indonesia through letter number B-2651/LG/01-01/02/2025 dated February 18, 2025 regarding the Criminal Procedure Law Bill. Furthermore, the DPR received a letter from the President of the Republic of Indonesia.

"To follow up on this matter, and in accordance with the provisions of Article 20 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, on this happy occasion, allow us, the leadership of Commission III of the DPR RI, to present an explanation regarding the Draft Law on the Criminal Procedure Code," he said.

Habiburokhman then explained the urgency of discussing the Criminal Procedure Code regarding several things, including the challenges faced by the current criminal justice system. These challenges include demands for transparency, accountability, as well as protection of the rights of suspects, victims, witnesses, persons with disabilities, women, and children.

At the same time, the development of information and communication technology also affects the way of law enforcement. Therefore, Habiburokhman said, every article in this bill must respond wisely to these needs, while still prioritizing the principles of justice and protecting human rights.

"The Criminal Procedure Code must ensure that every individual involved in the legal process, both as a suspect and as a victim, still gets fair and equal treatment," he said.

In this bill, Habiburokhman mentioned 14 main substances of the Criminal Procedure Code.

First, adjusting the criminal procedural law by taking into account the development of national and international law.

Second, the adjustment of criminal procedural law arrangements with new values of the Criminal Code which emphasizes restorative, rehabilitative, and restorative orientations in order to realize the restoration of substantive justice and social relations between perpetrators, victims, and the community.

Third, affirming the principle of functional differentiation in the criminal justice system, namely proportional division of roles between investigators, public prosecutors, judges, advocates, and community leaders to ensure professionalism and accountability. Fourth, improving arrangements regarding the authority of investigators, investigators, and public prosecutors, as well as strengthening inter-institutional coordination in order to increase the effectiveness and accountability of the criminal justice system.

"Fifth, strengthening the rights of suspects, defendants, victims, and witnesses, including the right to legal aid, assistance to advocates, the right to justice and impartial justice, as well as protection against threats or violence at every stage of law enforcement," he explained.

"Sixth, strengthening the role of advocates as part of the criminal justice system, includes the obligation to assist advocates against suspects or defendants at each stage of examination, the state's obligation to provide free legal assistance for certain parties, as well as protection of advocates in carrying out their professional duties," continued Habiburokhman.

Seventh, setting up a restorative justice mechanism as an alternative to resolving criminal cases outside the court which can be carried out from the investigation stage to examination in court. Eighth, special protection against vulnerable groups, including people with disabilities, women, children, and the elderly.

"This protection is strengthened by the obligations of the authorities to assess special needs and provide friendly and accessible inspection facilities and infrastructure," he added.

Ninth, strengthening protection for persons with disabilities in every stage of examination.

Tenth, improvements to the regulation on forced efforts to ensure the application of the principle of human rights protection and due process of law, including time restrictions, conditions for stipulation, as well as a judicial control mechanism through a court permit for the actions of law enforcement officials.

Eleventh, the introduction of a new legal mechanism in criminal procedural law, including guilty confessions for cooperative defendants in exchange for leniency, as well as agreements to postpone prosecution for perpetrators of corporate crimes. Eleventh, regulate the principle of accountability for criminal acts by corporations.

Thirteenth, arrangements for compensation, restitution, and rehabilitation more firmly as legal rights for victims and those who are harmed by procedural errors or mistakes by law enforcement officials.

Fourteenth, the modernization of criminal procedural law to realize a fast, simple, transparent, and accountable judicial process.

"We ask for approval from members of Commission III and the government, whether the bill on the Criminal Procedure Code can be continued at level II discussions, namely decision making on the Bill on the Criminal Procedure Code which will be scheduled at the nearest DPR RI plenary meeting. Agree?" asked Habiburokhman, followed by the approval of the Panja for the Criminal Procedure Code Bill.