House Of Representatives Commission III: Criminal Procedure Code Will Not Reduce The Authority Of Law Enforcement Officials

Chairman of Commission III of the House of Representatives, Habiburokhman (left). (Nailin-VOI)

JAKARTA - Chairman of Commission III of the Indonesian House of Representatives, Habiburokhman, ensured that the Criminal Procedure Code (KUHAP) would not reduce the authority of law enforcement officers. However, it is more about strengthening the rights of citizens in conflict with the law.

This was said by Habiburokhman when reporting the results of the hearing (RDP) regarding the input on the Draft Criminal Procedure Code which was carried out during the last recess.

Habiburokhman conveyed, based on the Decree of the House of Representatives of the Republic of Indonesia Number 64/DPR RI/1/2024-2025, concerning the National Legislation Program for the Draft Law on National Priority in 2025 and the National Legislation Program for the Draft Law 2025-2029, that the Bill on Amendments to Law Number 8 of 1981 concerning the Law of Criminal Procedures is a priority for 2025.

"According to the results of the Decree of the Internal Meeting of Commission III of the DPR RI on October 23, 2024, Commission III of the DPR RI drafted the Draft Law on Criminal Procedures and asked the Council's Expert Body to prepare the Academic Script Draft and its Bill," said Habiburokhman at the Parliament Complex, Senayan, Jakarta, Tuesday, July 8.

Commission III of the DPR RI then held a Hearing Meeting with the DPR RI's Expert Board on December 2, 2024 with the agenda of discussing the preparation of the Criminal Procedure Code Bill.

At the Hearing Meeting, the DPR RI's Expert Board received input from the leadership and members of Commission III of the DPR RI to improve the Academic Script and the Draft Law. The DPR RI's Expert body has also received input from various parties as material for improvement in making preparation.

"Commission III of the DPR RI has compiled and absorbed all input and aspirations of the people," said Habiburokhman.

Habiburokhman continued, Commission III of the DPR RI has also held Working Meetings, Hearing Meetings and Public Hearing Meetings with 56 parties, including experts, Academics, Advocates Organizations, Legal Practitioners, Students, Community Groups, and various other elements of society.

"The number of 56 parties who conveyed their aspirations to Commission III before the start of the discussion of the law, this is a new record as long as Commission III discusses the law at most, the record for which we have not kicked off the most, 56 parties have come here," said the Gerindra legislator.

In the preparation carried out, said Habiburokhman, Commission III of the DPR RI considers it necessary to make a replacement so that the drafting of this law is further referred to as the Draft Law on Criminal Procedure Law. As it is known that the bill has been submitted by the DPR RI to the President of the Republic of Indonesia through letter number B/2651/LG01/02/2025 dated February 18, 2025.

Furthermore, the Indonesian House of Representatives received a letter from the President of the Republic of Indonesia number R-19/Pres/03/2025, regarding the appointment of the Deputy Government to discuss the Criminal Procedure Code Bill.

"The Criminal Procedure Code is our real joint effort in order to create a rule of law, by renewing the national criminal procedure law towards a professional and accountable integrated criminal justice system," he said.

Habiburokhman assessed that Law number 8 of 1981 concerning the Criminal Procedure Code which has been in effect for more than 44 years, requires comprehensive improvement. The dynamics of law and social, changes to laws, various international conventions, decisions of constitutional courts, as well as modernization of techniques and criminal procedural law proof systems are the main reasons for the comprehensive improvement of the current Criminal Procedure Code.

"We currently need to answer the challenges in modern law enforcement, the Criminal Procedure Code has not been able to provide protection to citizens, the Criminal Procedure Code at this time. Especially in avoiding retributive punishment, while currently legal developments have led to restorative justice," said Habiburokhman.

"For example, the case of a Minah grandmother who only stole three cocoa beans and then received punishment, then the case of the theft of teak wood in Bojonegoro, the case of the theft of flip-flops or other small cases, where according to the Criminal Procedure Code, a law enforcement process must be carried out, even though according to the conscience of all people including law enforcement officers, this is not appropriate for legal processing. That is why the judge in the case of a Minah's grandmother cried when she handed down a verdict against a Minah grandmother, because her conscience refused but the current KUHAP required her to give punishment," he continued.

According to Habiburokhman, currently the Criminal Procedure Code has not been able to protect the rights of citizens who are in conflict with the law. In addition, the role of advocates who assist citizens who have problems with the law is also very small, there are many intimidation and violations during the law enforcement process. Therefore, it is necessary to reform the Criminal Procedure Code so that law enforcement officials are more open, professional, and respect human rights.

"The Criminal Procedure Code will not reduce, shift, transfer the authority of law enforcement officers to each other, but will focus more on the implementation of restorative justice, strengthening the rights of citizens who are in conflict with the law as regulated in the constitution, as well as strengthening the role of advocates as people who defend citizens who have legal problems," he explained.

"The Criminal Procedure Code is expected to provide a balance between the state or state and citizens in the legal process," concluded Habiburokhman.