Legal Literacy - Indonesia welcomes the presence of the National Criminal Code, namely Law Number 1 of 2023. The National Criminal Code provides a glimmer of hope as a new form of justice advancement. However, behind the euphoria of welcoming the National Criminal Code which will be enforced on January 2, 2026, the Indonesian people are actually made restless by the presence of the 2025 Draft Criminal Procedure Code (RKUHAP). The National Criminal Code as material law and the RKUHAP as formal law are actually two instruments that must go hand in hand and not contradict each other. The long-awaited Criminal Code will not be optimal without the support of harmonious procedural law. Without fair and proportional formal procedures, justice will only be a dream that is difficult to realize.

One of the fundamental flaws in the 2025 RKUHAP is the granting of very broad authority to the military, especially the Military Police (POM TNI). Many articles in the RKUHAP implicitly and explicitly give the military the authority to participate in the criminal justice process. For example, Article 7 paragraph (5), Article 87 paragraph (4), and Article 92 paragraph (4) open space for the TNI from all forces to become investigators of criminal acts. This clearly blurs the boundaries between the civil and military spheres, especially since the TNI Law has also regulated the role of the military firmly. If the military is given the authority as an investigator in criminal procedural law, then the potential for arrests based on subjectivity will be even greater and justice will be difficult to achieve. Furthermore, Constitutional Court Decision No. 65/PUU-VIII/2010 affirms that the military may not conduct investigations against civilians. Legal proceedings for civilians must be carried out in general courts, not military courts. This proves that military involvement in civil criminal procedural law clearly contradicts the principles of independent and impartial justice.

Not only that, Article 93 of the RKUHAP states that the police can make arrests at any time without court permission for urgent reasons. The problem is, the definition of "urgent" is not explained in detail and is fully left to the investigator. This loophole is very dangerous because it opens up room for discretion that has the potential to give rise to massive criminalization of civilians. This rule is worse than the old Criminal Procedure Code, which limits detention only to criminal acts with a threat of punishment above five years. Instead of improving, the RKUHAP actually legitimizes arbitrary actions by law enforcement officials. If the military is given broad authority in the civil sphere, then Human Rights violations have the potential to increase. Furthermore, the existence of articles that open up space for military domination also weakens the principle checks and balances in the constitutional system. Indonesia, which is based on rule of law should ensure that state power is exercised with clear restrictions. Many democratic countries in the world affirm that criminal law may only be enforced by civil apparatus, in order to maintain neutrality and accountability. Allowing the military to enter the civil sphere is not only contrary to the constitution, but also deviates from international standards in law enforcement and human rights. According to Reksodiputro, the essence of the principle of due process of law in the context of the authority of law enforcement officials lies in arrest, detention, and confiscation. This process is only justified if it is carried out legally, proportionally, and according to procedure. Unfortunately, the practice of abuse of authority by officials still often occurs, so the Criminal Procedure Code can turn into a tool of repression against vulnerable communities.