Legal Advocacy Group Calls for Replacement of Criminal Procedure Code for Fair Legal Process
In a recent development, Ma’ruf Bajammal, a member of the Legal Aid Institute (LBH) Masyarakat, has urged not just a revision, but a complete replacement of the Criminal Procedure Code (KUHAP). The proposed revision of the KUHAP is currently under consideration as an initiative of the Indonesian House of Representatives (DPR). The DPR is actively seeking input from various legal experts regarding this revision.
During a discussion at the LBH Jakarta office on Sunday (9/2/2025), Bajammal emphasized the need to focus on the core issues rather than just the implementation aspects of the KUHAP. He stressed that any revision should address the fundamental problems inherent in the legal system. He recommended that both the government and the DPR approach the revision of the KUHAP comprehensively and not just as a superficial adjustment.
One of the key points raised by Bajammal pertained to the current practice where Law Enforcement Officers appoint a lawyer for a suspect. He questioned the validity of this process when there is no clear guideline in the KUHAP regarding the appointment of lawyers by the authorities. He highlighted the conflicting interests where the Law Enforcement Officers are tasked with ensuring the guilt of the accused, while also being responsible for providing legal representation.
Bajammal’s concern centered on whether this practice can be considered objective without clear regulations in the KUHAP. The ambiguity surrounding the appointment of lawyers for suspects needs to be addressed through the enactment of a new and improved KUHAP.
The LBH Masyarakat strongly recommends that the government and DPR take steps to reform the current KUHAP comprehensively, rather than just making superficial revisions. Bajammal firmly stated that the current KUHAP is inadequate and must be replaced to ensure the protection and rights of all individuals involved in legal proceedings.
In a separate statement, Habiburokhman, Chairman of the DPR’s Commission III, declared that the revision of the Criminal Procedure Code (KUHAP) would be a priority during the current legislative session. The drafting and academic preparation of the new KUHAP are expected to be completed in this session, with the aim of presenting it as a draft bill for the next legislative session.
Habiburokhman highlighted the importance of aligning the legal principles embedded in the KUHAP with those of the Criminal Code (KUHP). He emphasized that the new KUHP would embody a revolutionary spirit by emphasizing restorative principles and substantive justice.
In conclusion, the call for a comprehensive overhaul of the KUHAP reflects a growing awareness of the need for a fair and just legal process in Indonesia. The proposed changes seek to address systemic issues and ensure that all individuals are afforded adequate legal protection and representation. The upcoming legislative discussions on the revision of the KUHAP are poised to shape the future of Indonesia’s legal system and pave the way for a more equitable and transparent legal framework.
