JAKARTA – Commission III of the DPR RI is completing the discussion Bill on the Criminal Procedure Code (KUHAP) which contains a number of significant changes. From The insult of the president who can now be resolved by restorative justice to prohibition live broadcast of trial without permissionalong with crucial points that will affect the Indonesian criminal justice system.
Important changes in the Criminal Procedure Code Bill
1. Presidential humiliation can be resolved with restorative justice
Initially, the draft Bill of the Criminal Procedure Code states that The criminal offense of presidential insults cannot be resolved through the Restorative Justice (RJ) approach. However, after being criticized by various parties, This provision is deleted.
Habiburokhman (Chair of Commission III of the DPR) explain:
“There was an editorial error in the previous draft. The insult of the President should not be excluded from RJ.”
The impact of this change:
✔ Cases of presidential insults can be resolved through mediation
✔ Reducing court burden
✔ Criticism can still be channeled without always ending
2. Prohibition of live trial live without permission, can be criminalized
Chapter 253 paragraph (3) The new Criminal Procedure Code Bill set:
🚫 Prohibited from broadcasting the trial directly without a court permit
⚖️ Violators can be prosecuted criminal If you keep doing illegal broadcasts
It means:
3. Examination of suspects is not required to use CCTV
Although the draft Bill the Criminal Procedure Code allows use CCTV in the examination of the suspect, There is no obligation For the authorities to record it.
Criticism of human rights activists:
“This has the potential to trigger torture and manipulation of legal processes.”
4. Advocate is immune to demands when defending the client
Chapter 140 sentences (2) ensure:
🛡️ Advocates cannot be prosecuted criminal/civil During acting good intention in defending the client.
PERADI-SAI Welcoming this change positively as a protection for the advocate profession.
Pros and cons of the Criminal Code Bill
| Parties | Support | criticism |
|---|---|---|
| DPR | Considered more progressive | Considered there is still a multiple interpretation article |
| HAM activist | Restorative Justice was appreciated | CCTV & Live Session Rules are considered repressive |
| Lawyer | Professional protection is stronger | – |
What is next?
- The Criminal Procedure Code will still be through Final discussion in the DPR
- The community is asked to continue monitor development through the official channel of the DPR
- If confirmed, this rule will take place replaces the long time ago
“Legal renewal must be balanced between legal certainty & human rights protection,” Decisive Director of LBH Jakarta in a written statement.