Legal Literacy - This article discusses the urgency of revising the Criminal Procedure Code in Indonesia. What is the urgency like? Let's look at the explanation in the following article!

We all know that the Book Criminal Procedure Code (KUHAP) which is currently in force in Indonesia is a legal product that came into effect in 1981. Practically, this Indonesian nation's masterpiece has been in effect for 42 years.

Some parties say that it is the same as the Criminal Code Criminal Law (KUHP), the KUHAP is also obsolete in its content or regulations regarding procedural law.

Is it necessary to revise the KUHAP?

If we look at the substance of the regulations in the KUHAP, of course the answer to this question is very necessary. Why is that? There are several reasons why the KUHAP is urgent to be revised, including:

  1. The articles in the KUHAP are not able to fully protect the rights of citizens. For example, Article 18 paragraph 1 concerning arrest states that a copy of the arrest warrant must be given to the suspect's family immediately after the arrest. In practice, the word "immediately" is interpreted according to the conditions on the ground; there is no maximum time limit. "Immediately" can mean 12 hours to several days.
  2. The Indonesian criminal justice system is often incoherent due to inconsistencies between the KUHAP and other laws and regulations governing the criminal justice system.
  3. The KUHAP was born during the peak of the New Order (Orba) era. As a result, the formulation and implementation of the KUHAP did not include a human rights approach. Maybe we will think, isn't that the risk of a criminal? We often forget that being named a suspect does not mean that he has been found guilty. Therefore, the possibility of an innocent person or someone whose guilt is minor having to go through this process is relatively significant.

The examples above are just a few indications that our KUHAP does not adequately protect individual rights, therefore, the KUHAP amendment agenda is one of the most important in legal reform us. The point is, if it is considered urgent, why not schedule it immediately?

The question above is interesting, and also questions whether Indonesia has truly implemented human rights as one of the most important components?

In fact, the government and the DPR themselves have the will and legal politics to revise the KUHAP, but whether due to limitations or indeed there are other obstacles, so that until now the discussion seems to be stagnant without significant progress.