Civil Society Coalition Calls for Comprehensive Revision of KUHAP
A coalition of civil society organizations is set to deliver a letter to the DPR Commission III tomorrow, urging for a thorough overhaul of the Criminal Procedure Code (KUHAP). The letter, scheduled for submission on Monday (10/1/2025), will be sent directly to the DPR Commission III and the DPR Expert Body.
Meidina Rahmawati, a researcher at the Institute for Criminal Justice Reform (ICJR), made this announcement during a discussion at the YLBHI office in Menteng, Central Jakarta, on Sunday (9/2/2025). According to Rahmawati, the letter outlines eight crucial points that need to be addressed in the KUHAP revision.
First and foremost, the coalition is advocating for a fundamental restructuring of the criminal justice system by transforming the KUHAP Bill into a recodification of criminal procedural law that adheres strictly to the principles of due process of law. This includes mechanisms for checks and balances, as well as respect for human rights.
Rahmawati emphasized the need to clarify the objective criteria for coercive measures, strengthen mechanisms for checks and balances among law enforcement agencies throughout the coercive process, and establish an objective judicial review mechanism for coercive measures.
Furthermore, the coalition is calling for the restoration and compensation of suspects, defendants, and convicts in cases where coercive measures are carried out unlawfully. Additionally, there is a push for the enhancement of the rights of suspects, defendants, and convicts, as well as the regulation and testing of evidence acquisition.
Another key area of concern highlighted by Rahmawati is the need for harmonization of regulations on out-of-court settlements. Currently, these regulations are scattered across various internal rules of law enforcement agencies. The coalition is proposing the implementation of a diversion mechanism with clear criteria and objectives, involving the designation of diversions by the courts to strengthen checks and balances.
Moreover, the coalition is advocating for improvements in the legal remedies framework. This includes introducing a mechanism for challenging arbitrary law enforcement actions that violate human rights, which would be more effective than pre-trial procedures.
In conclusion, Rahmawati stressed the importance of these proposed revisions to the KUHAP in ensuring a fair and just legal system that upholds the principles of justice and human rights. The coalition’s efforts aim to bring about meaningful reforms that will benefit all members of society and promote a more transparent and accountable criminal justice system.
