Mapping Stakeholders’ Interests and Discourses in Reforming the Indonesian Criminal Procedural Code

We will certainly agree that the most crucial law and policies in the criminal justice system in Indonesia are included in the Criminal Code (KUHP) and the Criminal Procedural Code (KUHAP). Currently, the revision of the Criminal Code (RKUHP) is in its final stage, which has been discussed by the government and the DPR at least since 2015. The constellation of the RKUHP discussion is centered on how to prevent over-criminalization, ensuring respect for human rights, balancing it with the state’s efforts to control the citizens with criminal law instruments.

Meanwhile, the Criminal Procedural Code will play an important role in the implementation of criminal law through the new Criminal Code once it is enacted. In the current draft of the Criminal Code revision, there are quite a number of clauses that are broad, unclear, and entails multi interpretation. It then raises concerns and risks that the law would be applied arbitrarily, even particularly against certain vulnerable groups in society .

The Criminal Procedural Code, which should contain provisions for guaranteeing the fulfilment of fair trial rights as well as a clear accountability mechanism, can reduce these risks. Without it, the risks of arbitrary implementation of criminal law would increase. Finally, revisions to these important laws, especially one that serves as reference for granting authorities to law enforcement institutions, may also open up a Pandora’s box where various interests may come into play throughout the drafting process.

An in-depth understanding of the risks and opportunities, as well as the interests and positions of the various stakeholders involved, will help to determine strategic steps in the process of advocating for KUHAP revision. Even further, it can help avoid risks, and lead to opportunities to strengthen Indonesia’ s criminal justice system that is accountable, democratic, and guarantees the right to fair trial.

To achieve this, stakeholders in Indonesia need to have information about the current framework of the criminal justice system, which aspects are the main shortcomings and threats to the fulfilment of the right to a fair trial and to the accountability system. In addition to seeing opportunities to improve the Indonesian criminal justice system in the sense to make it more accountable and democratic, the criminal procedural law also needs to be directed to embrace global developments, one of which is by adopting the idea of restorative justice. It is also important to understand the dynamics of the advocacy process and the complexity in
discussing the substantive aspects of RKUHAP in order to have a stand in providing views/input for the future advocacy agenda in reforming criminal procedure law . The present policy research has been prepared as an advocacy material for the KUHAP revision which would be beneficial for policy makers such as the House of Representatives (DPR) and the Government, civil society groups, as well as international communities.

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