JAKARTA - Chairman of Commission III of the DPR RI, Habiburokhman, firmly denied the rumors circulating in the public that the new Criminal Procedure Code Bill (RUU KUHAP) which will be ratified gives arbitrary authority to the Police, including to conduct wiretapping without a court permit. He ensured that the wiretapping provisions were not regulated at all in the Criminal Procedure Code Bill.
"Hoaks, if there is information circulating that the Criminal Procedure Code has just arranged so that the Police can arbitrarily intercept without a court permit, unilaterally freeze savings and all online traces, take cellphones, laptops, and data. Also, hoaxes that the police can arbitrarily arrest, search, carry out detention without confirming a criminal act. All hoaxes, aka not true at all," said Habiburokhman in Jakarta, Tuesday, November 18, 2025.
Wiretapping Regulated In Special Law
Habiburokhman explained that the real provision contained in Article 136 paragraph (2) of the new Criminal Procedure Code is that wiretapping will be specifically regulated in the new Law on Wiretapping. The discussion of this Wiretapping Law, according to him, will only be carried out after the ratification of the new Criminal Procedure Code.
He emphasized that the majority of factions in the DPR argue that wiretapping is an act that must be taken very carefully and must use court permission.
"This provision will actually become the foundation for regulating wiretapping in the Wiretapping Law later," he said.
Judge Approval To Block And Confiscate
Furthermore, Habiburokhman explained a number of articles in the new Criminal Procedure Code which actually tightened the legal process and guaranteed the rights of citizens, including the Article of the Draft Criminal Procedures Bill, Article 140 paragraph (2) All forms of blocking, including blocking savings and online traces, must obtain a judge's permission. Article 44 All forms of confiscation must be carried out with the permission of the Head of the District Court. Article 112 Search can only be carried out with the permission of the Head of the District Court.
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Tightened Arrests And Detentions
Habiburokhman also dismissed the issue of arbitrary arrests and detentions. According to him, Article 94 and Article 99 of the Criminal Procedure Code have only set very strict conditions, namely, arrests were made on the condition that at least two pieces of evidence were made.
In the event that the detention can only be carried out if the defendant ignores the summons twice for no valid reason, provides false information, hinders the examination, attempts to escape, repeat the crime, threatens his safety, or affects witnesses to lie.
Therefore, he appealed to the public to see the official script for the Criminal Procedure Code Bill on the DPR's official website and the recording of its discussions on the Parliament's YouTube TV channel.
"Don't believe in hoaxes, the new Criminal Procedure Code must be ratified to replace the old, unfair Criminal Procedure Code," he concluded.
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