Legal Literacy - November 18, 2025, should have been a monumental day for Indonesian legal history. On that Tuesday, the House of Representatives of the Republic of Indonesia (DPR RI), in a plenary session, officially approved the Draft Criminal Procedure Code Bill (RUU KUHAP) into Law (UU). This ratification marks the end of the validity period of the old KUHAP which has been the legal basis for criminal procedure in Indonesia since 1981, a legal product that has been more than four decades old.

Public expectations are certainly soaring. There is an expectation that this new criminal procedure law will bring a spirit of renewal, stronger protection of human rights, and modernization in criminal justice procedures that have been considered obsolete and prone to abuse. However, behind the euphoria of the legislation, there are fundamental and worrying residual problems, especially regarding the mechanism for seizing citizens' liberty in KUHAP 2025 this.

Key Controversies: Articles 93, 99, and 100 of KUHAP 2025

Sharp spotlights are on the crucial articles governing coercive measures, namely Article 93 concerning Arrest, as well as Articles 99 and 100 which regulate Detention. This debate is not just a matter of legal technique, but touches the heart of civil liberties and the principle of due process of law.

The narrative that developed after this ratification was divided into two opposing parts:

  1. Government and Legislative Clarification: Represented by Habiburokhman's statement emphasizing objectivity and tightening of requirements.

  2. Skepticism of the Civil Society Coalition: Which sees the perpetuation of the absolute power of investigators and the entry of subjective rubber articles.