What should be regulated in the KUHAP?

Basically, the regulations in the KUHAP must include granting authority to state instruments to carry out criminal law enforcement by paying attention to the principles, principles and human rights. Van Bemmelen revealed that a criminal procedure law must at least regulate the following:

  1. State bodies specifically formed for this purpose must investigate the truth of every suspected criminal offense.
  2. The perpetrators of the crime are being investigated.
  3. All efforts are being made to arrest and, if necessary, detain the perpetrators of the crime.
  4. Together with the suspect or defendant, the judge is shown the evidence produced and collected during the investigation into the truth/suspicion.
  5. Applying to the court to obtain a decision on whether the offense charged to the suspect is proven or not and what actions or punishments should be taken or imposed on the suspect or defendant.
  6. Determining the legal options available to appeal a judge's decision.
  7. In the form of punishment or action to be taken, this is the final choice made.

Then with this arrangement, what is the actual function of the Criminal Procedure Law? Many opinions convey the function of criminal law, but the Author will summarize it into 3 main things that are the function of the Criminal Procedure Law, including:

  1. Criminal Procedure Law has a function as a tool in seeking the truth according to existing facts. In the sense that criminal procedure law is a tool that legitimizes the actions of law enforcement officers as representatives of the state to take action in finding or seeking facts according to the truth.
  2. Criminal procedure law is a tool used to provide protection for human rights to suspects or defendants. This means that criminal procedure law provides legal certainty. For example, regarding the rights and obligations of law enforcement officers. More concretely, for example, criminal procedure law provides limits on how long a person can be detained during the investigation, prosecution and trial periods or how long a person receives criminal administrative correspondence.
  3. Criminal procedure law has a function as a guideline for subsystems in the criminal justice system.