Civil society coalition asks the House of Representatives (DPR), which is currently deliberating draft revision of the Criminal Code Procedures (KUHAP), to be transparent and involve the public in the KUHAP revision process.

This legislative revision is expected to address systemic injustices, such as wrongful arrests, torture, violence, and extortion by law enforcement.

Monitoring by the Civil Society Coalition for Criminal Code Procedures Reform finds that discussions on the KUHAP Draft have been conducted both openly with State institutions such as the Judicial Commission and the Supreme Court and in closed-door meetings with selected entities.

Bugivia Maharani, a researcher at the Center for Indonesian Law and Policy Studies (PSHK), said legislation that follows an abusive law-making pattern − lacking transparency and public involvement − often results in substantive legal issues.

Belly Stanio, a public attorney at the Jakarta Legal Aid Institute (LBH Jakarta), raised concerns over secretive discussions, including a recent meeting between Habiburokhman, Chairman of the House’s legal and domestic political affairs Commission III, and the National Police.

“This meeting might have covered the role of the police in the RKUHAP, highlighting the need for close monitoring by students, journalists, and the broader public,” Stanio said in a statement on Friday, February 28, 2025.

A non-official version of the KUHAP Draft, dated February 17, 2025, is now available and believed to be the same as the document submitted during the House’s 13th plenary session on Februry 18, 2025. However, its content essentially contradicts the principles of strengthening legal protections as outlined in the Civil Society Coalition’s Open Letter on February 9, 2025.

Iftitah Sari, a researcher at the Institute for Criminal Justice Reform (ICJR), criticized the draft, saying that the draft incorporates provisions from internal police regulations, particularly concerning investigation and inquiry procedures. These provisions have long been criticized for contradicting the 1981 Criminal Procedure Code, which holds a higher legal authority. By embedding these rules into the RKUHAP, policymakers risk legitimizing practices that lack transparency and accountability.

"The draft’s failure to guarantee citizens' legal rights raises concerns about its operational effectiveness and its ability to protect citizens beyond symbolic legal provisions,” she said.

Based on the coalition observation, the February 17 draft does not adequately regulate how suspects, witnesses, and victims can effectively exercise their rights or outline the consequences of rights violations in legal proceedings. 

Nixon Randy, a public attorney at LBH Masyarakat, said that procedural laws must protect all elements of civil society, particularly marginalized groups such as people with disabilities, women, and gender minorities. He warned that excessive law enforcement powers, such as forced measures and investigative techniques, often lead to entrapment or fabricated cases.

Bimo, Deputy Chairman of the Student Executive Board (BEM) at the University of Indonesia’s School of Law, criticized the lack of public access to the bill’s contents, stating, 

"During the deliberations of the Bill on Criminal Code (RKUHP), law students could study its provisions in class. This is not the case with the RKUHAP. The House must stop playing hide-and-seek with the RKUHAP and instead ensure transparency and meaningful public participation," he said.

Meanwhile, Chairman of the Indonesian Legal Aid Foundation (YLBHI) M. Isnur said that the government's disregard for the rule of law would negatively impact the country’s economy. 

"The government only cares about investment, but weak legal protections hinder economic growth. Law enforcement officials often abuse their power, which creates legal uncertainties that deter investment. Take the example on the intimidation against the Sukatani Band and the coerced apology they were forced to issue demonstrate how arbitrary legal actions stifle creativity and economic progress,” Isnur said, while referring to Purbalingga-based band personnel who recently said their apology for the lyrics of the song that were believed to have offended the police institution.

“The new Criminal Code Procedures must curb law enforcement abuses, including those committed by the police and prosecutors. These unchecked powers also open the door to corruption, as seen in recent extortion cases involving civil servants.” he added.