Bivitri Susanti Considers The Government In A Hurry To Ratify The New Criminal Procedure Code

Constitutional Law Expert, Bivitri Susanti, when giving information to the media at PTIK/STIK Polri, South Jakarta, Wednesday 19 November 2025/ Photo: Ari Kurnitsyah

JAKARTA - Constitutional law expert Bivitri Susanti assessed that public unrest regarding the Criminal Procedure Code (KUHAP) which is being discussed by the DPR was not without reason.

Bivitri emphasized that a number of articles in the latest draft of the Criminal Procedure Code open space for the expansion of the authority of law enforcement officers without adequate supervision.

"If you say people are afraid, I think it's right. Some are really good, because our Criminal Procedure Code is 40 years old. But there is also a concern that there is a basis for that," he told the media at PTIK/STIK Lemdiklat Polri, South Jakarta.

Bivitri highlighted several forced attempts such as blocking, searches, and confiscations that should have been based on the judge's determination. However, in the latest draft, exceptions emerged that gave investigators discretion, especially the police.

This should be the judge's determination. But there are exceptions, investigators can take action based on discretion, who is the investigator?' he said.

Furthermore, Biviti criticized the response of DPR member Habiburokhman who accused civil society posters of misquoting articles. According to him, it is impossible for a public campaign to fully copy the formulation of the article, but rather explain its meaning so that it is easy for the public to understand.

"Try reading article 5. It sounds like that, investigators can make arrests. Even though the investigation stage has not yet reached the determination of the alleged article. So it is natural for the public to highlight," he explained.

Bivitri said the civil society team had reviewed the latest draft of the Criminal Procedure Code uploaded by the DPR. From the study, he saw that the potential for abuse of authority remained.

Regarding the impact of the Criminal Procedure Code's revision of the police transformation, Bivitri assessed that the government was in a hurry to ratify the regulation so that it could be implemented simultaneously with the new Criminal Code on January 2, 2026.

"I don't think there is a need to rush. The transformation of the Police should be taken care of first. The President has formed a team, the Police too. The reform was completed first, then the Criminal Procedure Code, so that people don't worry," he concluded.

It is known that the new Criminal Procedure Code is a revision of Law Number 8 of 1981 which regulates procedures for law enforcement, ranging from investigations, investigations, arrests, searches, detentions, to courts.

This revision was ratified by the DPR and will take effect on January 2, 2026, along with the enactment of the new Criminal Code.

Chairman of Commission III of the House of Representatives, Habiburokhman, said that the revision of the Criminal Procedure Code is important to update the rules that are more than 40 years old.