On Tuesday, the Indonesian House of Representatives (DPR) unanimously passed the revision of the Criminal Procedure Code (KUHAP) into Law. While the plenary session was marked by applause and claims of "modernisation," Indonesia's civil society has raised deep concerns regarding the new Law.
A coalition of legal aid organizations and human rights defenders warns that the new KUHAP officially opens the door to a police state, legitimizing arbitrary detention, invasive surveillance, and unchecked investigative powers. Designed to accompany the new Criminal Code (KUHP) taking effect in January 2026, the revision was meant to overhaul Indonesia's outdated 1981 legal framework.
Despite claims by the Commission III Chair. Mr Habiburokhman, that "99% of the content comes from civil society," the final text reflects a disregard for due process and the presumption of innocence. One of the most alarming shifts in the new KUHAP is the expansion of investigative techniques that were previously restricted to narcotics cases. Article 16 of the new KUHAP permits "undercover buy" and "controlled delivery" techniques for all types of crimes. The Civil Society Coalition warns that this unsupervised expansion encourages entrapment, allowing officers to essentially fabricate crimes to meet targets.
Articles 7 & 8 of the law stipulate that all Civil Servant Investigators (PPNS) are now placed under the coordination of the National Police. Critics argue this centralizes excessive power, turning the police into a "superpower institution" without adequate external oversight.
Erosion of habeas corpus
Most significantly, the revision fails to address the chronic issue of long, arbitrary detentions. This practice has historically plagued the Indonesian justice system for decades. Instead of tightening judicial oversight, the Law appears to loosen it. The new detention scheme offers an "alternative" where a detention warrant can be issued by the investigator or a judge. The Coalition warns that the revised law encourages investigators to avoid judicial scrutiny and bypass the authority of judges.
According to Article 5, authorities are granted broad powers to arrest, search, and detain individuals under vague "security" pretexts before a criminal act is even confirmed. Article 99 of the Law extends the maximum detention period to 60 days for suspects with severe physical or mental disorders, treating them unequally before the law.
Privacy under siege
While government officials deny that the Law enables a surveillance state, the text suggests otherwise. Authorities are permitted to conduct warrantless searches, seizures, wiretapping, and data blocking without court permission under Articles 105, 112A, 124, and 132A, with the provision that they can justify "urgent circumstances." This places the definition of "urgency" entirely in the hands of law enforcement, allowing the state to enter private civilian spaces freely. There are currently no clear mechanisms detailed in the Law regarding how obtained personal data will be protected.
Failing vulnerable groups
Despite claims of protecting the vulnerable, the Law contains ableist provisions. Article 137A allows for the indefinite imprisonment of persons with mental and intellectual disabilities. The Law legitimizes the deprivation of liberty without clear time limits or monitoring mechanisms by implicitly viewing these individuals as lacking legal capacity.
Furthermore, provisions regarding legal aid are criticized as ambiguous. While described as an obligation, clauses suggest legal aid can be "refused or waived," creating loopholes that police often exploit to interrogate suspects without counsel.
A legacy of violence
These legal changes arrive against a backdrop of police impunity. Data from KontraS and Amnesty International Indonesia reveal a disturbing pattern of wrongful arrests and torture. This is highly concerning given that Amnesty recorded 30 cases of torture involving 49 victims, predominantly by police, between 2023 and 2024 alone. From 2021 to 2024, there has been a surge in the number of cases of torture by law enforcement officials, predominantly police officers, by around 75%.
The new KUHAP does not fix these systemic flaws; it codifies the very powers that facilitate them. Moreover, this legislation threatens to "forcibly take away personal freedom." As the Law moves toward its January 2026 implementation, human rights organizations must prepare for a legal challenge and increase monitoring of police conduct.