Fajarasia.id – The Indonesian House of Representatives has reaffirmed its commitment to human rights and equality before the law through the newly enacted Criminal Procedure Code (KUHAP). Chairman of Commission III, Habiburokhman, emphasized that the revised KUHAP strengthens safeguards for due process, protects vulnerable groups, and aligns with constitutional principles.
Speaking at a press conference in the Nusantara II Building, Senayan, Habiburokhman clarified several misconceptions circulating in public discourse. He rejected claims that Article 5 of the new KUHAP allows investigators to carry out arrests or detentions without sufficient legal grounds. “That is not true. Coercive measures such as arrest, detention, search, and seizure are only permitted during the investigation stage, not during preliminary inquiries. In fact, the new KUHAP is stricter than the 1981 version,” he explained.
Stricter Oversight on Coercive Measures
Searches, seizures, and asset blocking must be authorized by a court.
In urgent circumstances, such actions must still be reported and approved by a judge within 48 hours.
Wiretapping will be regulated under a separate law, with KUHAP serving only as a general framework.
Addressing concerns about Article 16, Habiburokhman clarified that methods such as undercover buy and controlled delivery are not applicable to all crimes. “These techniques are limited to specific investigations, such as narcotics and psychotropic cases,” he said.
The new KUHAP also introduces restorative justice mechanisms from the investigation stage through trial. However, Habiburokhman stressed that these processes must be free from coercion, intimidation, or degrading treatment. “All procedures must uphold dignity and human rights,” he noted.
Responding to criticism regarding potential discrimination, Habiburokhman firmly denied that Article 99 extends detention periods based on physical or mental health conditions. “Such discriminatory provisions were deliberately excluded because they contradict human rights principles,” he stated.
He also dismissed claims that Article 137A permits indefinite punishment. Instead, KUHAP provides judges with the authority to impose rehabilitative or care-based measures for persons with disabilities rather than criminal penalties. Article 145 ensures that their rights are respected and that they receive appropriate facilities and equal treatment.
Habiburokhman concluded by underscoring that the new KUHAP reflects the government’s vision of a more humane, inclusive, and just criminal procedure system. “This reform embodies our constitutional values and international human rights standards,” he said.****
