Legal Literacy - Indonesia welcomes the enactment 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 take effect on January 2, 2026, the Indonesian people are instead made uneasy by the presence of the 2025 Draft Criminal Procedure Code (RKUHAP). The National Criminal Code as substantive law and the RKUHAP as procedural law are essentially 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 grant authority to the military to participate in the criminal justice process. For example, Article 7 paragraph (5), Article 87 paragraph (4), and Article 92 paragraph (4) open the door for the TNI from all forces to become investigators of criminal acts. This clearly blurs the line between the civil and military spheres, especially since the TNI Law also regulates the role of the military explicitly. If the military is given the authority as investigators 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 an independent and impartial judiciary.
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 entirely 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 violations of Human Rights have the potential to increase. Furthermore, the existence of articles that open the door to 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 limitations. Many democratic countries in the world affirm that criminal law should only be enforced by civil apparatus, in order to maintain neutrality and accountability. Allowing the military to enter the civil sphere is not only a violation of the constitution, but also a deviation from international standards in law enforcement and human rights. According to Reksodiputro, the core of the principle of due process of law in the context of law enforcement authority lies in arrest, detention, and confiscation. This process is only justified if it is carried out legally, proportionally, and according to procedure. Unfortunately, abuse of authority by law enforcement officers still often occurs, so the Criminal Procedure Code can turn into a tool of repression against vulnerable people.
Granting broad authority to the military in criminal procedure law is a setback in the Indonesian legal system. The military should not be mixed with civil law enforcement, as it will increase the risk of human rights violations. Indonesia could lose its identity as a state of law that upholds justice and the welfare of the people, turning into a country that is only filled with ambitions of mastery. In fact, the Draft Criminal Procedure Code should be an important milestone in the reform of the criminal justice system, not the other way around. Instead of strengthening the principles of human rights, the draft Criminal Procedure Code actually weakens them. If the law is no longer enforced by independent and accountable civil institutions, but is controlled by armed institutions with minimal accountability, then the law will lose its function as a bastion of justice. On the contrary, the law will become a real threat to the people.
Therefore, a thorough revision of the controversial articles in the 2025 Draft Criminal Procedure Code is an absolute necessity. The military must not be given space in the legal process against civilians. Law enforcement must remain under the authority of transparent, accountable civil institutions that uphold human rights. Otherwise, the Draft Criminal Procedure Code is not a legal reform, but a silent path towards the legalization of human rights violations and authoritarianism.
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