KUHAP Baru Arranges Judge Observations Can Be Evidence, PDIP Legislators Remind About Verification And Accountability

JAKARTA - Member of Commission III of the DPR from the PDIP faction, Gilang Dhielafararez, assessed that the addition of the rule of 'visory of judges' as evidence in the new Criminal Procedure Code (UU KUHAP) should not weaken the principle of presumption of innocence.

According to him, this rule must be placed in the framework of legal reforms that guarantee procedural justice and accountability.

Gilang also hopes that the amendment to the Criminal Procedure Code will not open up the space for judges' subjectivity or be an excuse to ignore the principles of due process of law, the main pillar of the modern criminal justice system.

"The judge's observation must remain based on verification, accountability, and respect for the rights of the defendant," Gilang told reporters, Wednesday, November 19.

According to Gilang, the addition of the judge' clause can be a progressive step if it is applied to a mature justice system ethically and institutionally. However, he reminded that the spirit of the revision of the Criminal Procedure Code is to build a modern, transparent, and balanced legal system between legal certainty, justice, and humanity.

"Therefore, every legal innovation must be accompanied by ethical signs, technical guidelines, and a clear monitoring mechanism," said the PDIP legislator from the Central Java II electoral district.

Gilang also considered that the expansion of evidence in the RKUHAP could strengthen confidence in cases that were difficult to prove due to the lack of witnesses or forensic evidence. However, he emphasized the importance of strict guidelines on the technical rules of the policy.

"Without strict guidelines, this has the potential to shift the balance of the principle of justice from objective evidence to subjective belief. Justice must still be verifiable, not just believed," he said.

In order to ensure that the judge's observations are used professionally, Gilang encourages external supervision to be strengthened. Especially related to the roles of the Judicial Commission (KY) and the Supreme Court (MA).

"This is to ensure that judges who use observations remain subject to the code of ethics and standards of judicial objectivity," said Gilang.

In addition, Gilang encouraged training and certification for judges in implementing the trial observation method. According to him, this step is needed to ensure that the assessment of the defendant or witness remains professional and in accordance with the principles of legal psychology.

"That way the innovation from the revision of the Criminal Procedure Code remains based on the principles of justice, protection of human rights, and justice integrity," concluded Gilang.

As is known, the DPR has passed the Law on Amendments to Law Number 8 of 1981 concerning the Criminal Procedure Code on Tuesday, November 18. One of the additions to the new Criminal Procedure Code is the clause on the judge's observations which can now be used as evidence.

The Working Committee (Panja) of the Criminal Procedure Code emphasized that this observation aims to strengthen the judge's confidence in the trial process. The chairman of the RKUHAP Panja, Habiburokhman stated that the use of judges' observations as evidence is very necessary, especially in cases of structural crimes. Including cases involving children as victims.

The new provisions listed in Article 222 letter G are the result of an agreement between the Government and the DPR Commission III Working Committee.