Habiburokhman: This New Criminal Procedure Code Is Very Revolutionary

Eddy Wijaya and Habiburokhman. (Doc Eddy Wijaya)

JAKARTA - Chairman of Commission III of the DPR RI, Habiburokhman, dismissed a number of issues circulating in the community regarding the negative impact of the Criminal Procedure Code (KUHAP) which was just passed by the DPR. One of them is about the 'urgent situation' clause in a number of articles such as articles 113, 120, and 140 concerning the Police. A number of activists consider the clause vulnerable to abuse of authority.

"This (urgent situation) is actually the same as the arrangements in the old Criminal Procedure Code. So, why is there now a demand to reject the ratification of the new Criminal Procedure Code? (it) means that the old Criminal Procedure Code will take effect, so it's the same. Except for the five-day confiscation deadline, that's indeed a lot of input to us (DPR)," said Gerindra politician who is familiarly called Habib while talking to Eddy Wijaya who was broadcast on the EdShareOn podcast on Wednesday, December 3, 2025.

According to Habib, in the investigation process, urgent circumstances are common, so a rule is needed that can justify investigators taking these actions. (A urgent situation) includes difficulty accessing the head of the district court because of the various (obstacles). That we can tolerate, in addition to confiscation, 2 days after that there must be blocking and so on. If the confiscation is 5 days because it is more difficult," he said.

The Indonesian House of Representatives has ratified a new Criminal Procedure Code in lieu of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP lama), on November 18, 2025. The new Criminal Procedure Code has drawn a lot of controversy, one of which is because the clause "urgent situation" regarding searches, confiscations, and blocking. All of this can be done without permission from the chairman of the court on this pretext. However, the chairman of the court must be asked for approval no later than five working days.

Habib said that the urgent situation in the new Criminal Procedure Code cannot be done carelessly. Therefore it can be tested through a pre-trial process. It is the pre-trial process that will judge later. If it does not fulfill the urgent situation, it will be canceled. So citizens still have the right to question this," he said.

In the new Criminal Procedure Code article 27, Habib explained, investigators and investigators can also be subject to sanctions if they make mistakes in carrying out their duties or exceed their authority. One of them is in interpreting urgent situation'' in the confiscation process. It can be processed administratively, ethically, even criminally. This arrangement does not exist, does it exist, in the old Criminal Procedure Code? If in doubt, it exists (the rules). This very new protocol, which I think is very revolutionary," said the alumni of the Doctoral of Law Sciences, Sebelas Maret University.

The Islamic Student Association (HMI) activist dropout hopes that the public will explore the applicable rules and not spread negative issues that are not in accordance with the evidence. This (the new KUHAP) right, obviously, is on the website. So, yes, read it, followed by live streaming (the discussion of the Criminal Procedure Code Bill). Where are these multiple interpretations? And this is exactly the same as the old Criminal Procedure Code, you know," he said.

Chairman of Commission III of the Indonesian House of Representatives, Habiburokhman, mentioned the public's concern that the police will become a superpower institution in the new Criminal Procedure Code. According to him, the authority of the police in the new Criminal Procedure Code is in accordance with the mandate of the 1945 Constitution (UUD).

"(The new Criminal Procedure Code Criticist) said this strengthens the police, the police superpower with the Criminal Procedure Code. (But) regarding this investigator, yes, the reference is that we enforce the law in our constitution, article 30 paragraph 4 of the 1945 Constitution. If there, law enforcers are the only police," Habib told Eddy Wijaya.

The politician who was born in Metro, Lampung, September 17, 1974, emphasized that the new Criminal Procedure Code is still making the police the main investigator, but accommodating the appointment of investigators from other institutions. "The old KUHAP is even worse off, there are no specific investigators but how come it's not considered urgent? Where have you been 44 years? (the old Criminal Procedure Code)," he said.

The figure of Eddy Wijaya is a podcaster who was born on August 17, 1972. Through the @EdShareOn YouTube account, Eddy interviewed many national figures ranging from state officials, legal experts, political experts, national politicians, to Indonesian celebrities. The man with the characteristics of the right cheek dimple is also a nationalist who is a struggling activist for discriminated and social observers by helping the community through the Wijaya Peduli Bangsa foundation.

He is also active in the field of sports by serving as the Daily Chair of the All-Indonesian Equestrian Sports Association (Pordasi) Pacu and has also served as Deputy Chairperson of the All-Indonesian Badminton Association (PBSI) East Jakarta. Eddy also serves as the Advisory Board of the Social Association of Marga Tionghoa Indonesia, the 2022-2026 term of service. His ideas were formed because of his hard work to be independent from the age of 13 years until his success as he is now. For Eddy, the world of work is not as smooth as imagined, failure and rejection are common. This is what makes him hold fast to the tagline Success is only a matter of time.