Indonesia is moving forward with a revised Criminal Procedure Code (KUHAP) following a drafting process described by Law Minister Supratman Andi Agtas as prioritizing “meaningful public participation.” The minister announced the progress during a press conference in Jakarta on Monday, January 5, 2026.
Extensive Public Input
A New Approach to Lawmaking
According to Minister Agtas, the drafting of the new KUHAP has been distinguished by an unprecedented level of public involvement. This approach aligns with Constitutional Court Decision No. 91/PUU-XVII/2020, which recognizes the public’s right to be heard, have their opinions considered, and receive explanations regarding submitted input during the lawmaking process.
The drafting process is being conducted jointly with the House of Representatives. Minister Agtas stated, “This process is being conducted jointly with the House of Representatives and is supported by very broad public participation.”
Key Provisions of the New Code
Strengthening the Criminal Justice System
The proposed KUHAP includes several provisions intended to strengthen Indonesia’s criminal justice system. These include stricter time limits for handling criminal cases, designed to enhance legal certainty.
A key element of the draft law is a mandate for the use of surveillance cameras during suspect examinations. This measure is intended to prevent torture, intimidation, and violations of the rights of suspects, victims, and witnesses.
The proposed code also explicitly prohibits investigators and prosecutors from acting arbitrarily, degrading human dignity, or behaving unprofessionally. Minister Agtas emphasized that all these measures are “intended solely to protect human rights while maintaining public order.”
What’s Next?
The draft KUHAP will likely proceed through further review and debate within the House of Representatives. If approved, it could represent a substantial overhaul of Indonesia’s criminal procedure. Analysts expect continued discussion regarding the practical implementation of the new provisions, particularly concerning the use of surveillance technology and the enforcement of standards of professional conduct for investigators and prosecutors. A possible next step is a period of public review of the final draft before a formal vote.
Frequently Asked Questions
What is the significance of Constitutional Court Decision No. 91/PUU-XVII/2020?
This decision affirms three fundamental public rights in lawmaking: the right to be heard, the right for opinions to be considered, and the right to receive explanations regarding inputs submitted to policymakers.
What is the purpose of the surveillance cameras during suspect examinations?
The use of surveillance cameras is intended to prevent torture, intimidation, and violations of the rights of suspects, victims, and witnesses.
What does the new KUHAP say about the conduct of investigators and prosecutors?
The proposed code explicitly prohibits investigators and prosecutors from acting arbitrarily, degrading human dignity, or behaving unprofessionally.
How might increased public participation in lawmaking affect the development of future legislation in Indonesia?
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