Legal Literacy - This article discusses the importance of reforming the Indonesian Criminal Procedure Code (KUHAP), which has been in effect since 1981. Given the complexity of evolving social, economic, and technological issues, the Criminal Procedure Code needs to be updated to remain relevant and effective in the criminal justice system. Considering new dynamics and the need to adjust regulations related to arrests, detentions, and pre-trial proceedings, this article reviews the urgency of reforming the Criminal Procedure Code to ensure that the law can provide swift and fair justice for all parties.

Background          

Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) is an effort by the Indonesian nation to codify rules for enforcing substantive criminal law. KUHAP itself is a renewal of the previous rules, namely Herzien Inlandsch Reglement (HIR) which is considered to have provided better justice for the parties in the case.

However, currently, the problems in the life of the Indonesian nation are increasingly diverse and complex. The KUHAP, which has been in effect for more than 3 decades, must adapt to the times so that the rules applied are relevant in overcoming existing problems. KUHAP, which is a permanent legal product, can no longer keep up with dynamic societal developments. Moreover, currently Law No. 1 of 2023 concerning the Criminal Code or known as the New Criminal Code, has been ratified. For this reason, it is necessary to identify the problems and urgency of reforming the KUHAP in enforcing substantive criminal law.

The problems with the current KUHAP can occur due to the dynamics of developments in society, especially from the influence of technology which affects the evidentiary system, so that the current KUHAP regulations are considered inadequate. The Criminal Procedure Code still requires implementing regulations regulated by state institutions, such as the police, prosecutors and the courts.

The separate rules cause the regulations to pile up and not be integrated, which ultimately reduces the effectiveness of the KUHAP. If the cause of the problem is traced, the current KUHAP is still unable to adequately fulfill human rights justice in the practice of handling criminal cases. Handling criminal cases which is the duty of law enforcement officials still has the potential for violations in the stages of handling cases, such as determining suspects, arrests, detentions, requests for compensation, and so on. In addition, there are economic, political and technological developments which of course have implications for people's lives which influence the substance of the KUHAP.