Civil Coalition Urges to Stop Discussion of RKUHAP: Formal and Material Flaws

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Civil Society Coalition for Reform
Criminal Procedure Code
consider the discussion of the Draft
Law
Criminal Procedure Code (RUU KUHAP)
formal disability
and material.
The coalition asked President Prabowo Subianto and the DPR RI to postpone the process of discussing these regulations.
“The Civil Society Coalition for the Reform of the KUHAP encourages and urges the DPR RI and also the government to postpone discussions and even bring this KUHAP Bill to a further level of discussion in the DPR RI,” said Deputy Chair of the Indonesian Legal Aid Foundation (YLBHI) Arif Maulana in Jakarta, Sunday (16/11).
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“So we see that from some of what we mentioned, the substance is still very problematic. Therefore, we urge the President of the Republic of Indonesia to remind legislators, remind government representatives who are discussing the KUHAP Bill to stop the discussion process,” he added.
The problems referred to by Arif include highlighting the process of the Working Committee (Panja) meeting of the KUHAP Bill which will take place on 12-13 November 2025.
At the meeting, the Government and Commission III of the Indonesian House of Representatives discussed input on articles which were claimed to have come from input from a civil society coalition consisting of YLBHI, Community Legal Aid Institute (LBHM), Indonesia Judicial Research Society (IJRS), APIK Legal Aid Institute, Lokataru Foundation, Indonesian Legal Resource Center (ILRC), National Coalition of Disability Organizations, and AJI.
A number of inputs read out at this working committee meeting were said to be different from the input provided by the coalition.
Apart from that, the coalition also highlighted that the discussion of the KUHAP Bill was very short and insubstantial.The latest discussion is said to show no changes compared to the draft in July 2025.
“Yesterday’s discussion did not have any significant changes from what we voiced last July. Then we saw that what happened in those two days actually did not answer our problems, the most important of which was actually about arrest and detention,” said ICJR researcher Iftitah Sari.
He then gave an example of how haphazardly arresting and detaining a number of people during a series of demonstrations last August.The coalition hopes that the new KUHAP Law will be able to control this kind of thing.
Furthermore, the coalition also highlighted several other points such as operations
undercover buy
(disguised purchase) and
controlled delivery
(delivery under supervision) which previously fell under the authority of investigations and only for specific criminal offenses, namely narcotics.
In the Draft Criminal Procedure Code, this authority is included in the investigative methods and can be applied to all types of criminal acts, has no limits and is not supervised by judges.
This broad authority without supervision is considered to have the potential to open up opportunities for entrapment by law enforcement officials to create criminal acts and manipulate who the perpetrators are.
The coalition also highlighted people’s vulnerability to being arrested, searched and wiretapped without a judge’s permission.
Therefore, this coalition issued an open summons to the President, DPR, Ministry of Law and Ministry of State Secretariat.
Apart from stopping discussions, the coalition asked the DPR to open and publish information on the latest draft of the KUHAP Bill which was the result of discussions.
Then, the government was asked to overhaul the substance of the draft KUHAP Bill by drafting and re-discussing the direction of a strengthening concept
judicial scrutiny
and mechanisms
checks and balances
.
The government and DPR are also asked not to rush into ratifying the KUHAP Bill which is still considered very problematic.
(lom/dhf)

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