Indonesia – Indonesia's parliament is fast-tracking controversial revisions to the Criminal Procedure Code (KUHAP) that civil society groups warn will strengthen state repression, legitimize arbitrary detention, and fundamentally undermine citizens' rights in the criminal justice system.
On 9 -10 July 2025, the Indonesian House of Representatives' Commission III completed discussions on 1,676 problematic provisions of the Draft Criminal Procedure Code (RUU KUHAP) in just two days, drawing fierce criticism from legal experts, human rights organizations, and student groups who denounce the rushed process as reckless and anti-democratic.
Pattern of authoritarian consolidation
The Criminal Procedure Code revision is part of a broader legislative assault on civil liberties under President Prabowo Subianto's administration. Coming alongside controversial revisions to the Military Law and Police Law, these measures collectively represent what some legal scholars describe as a systematic effort to strengthen the government apparatus while weakening civil society.
The rushed legislative process reflects the government's overwhelming parliamentary dominance, with the Indonesia Maju Coalition (KIM) Plus holding approximately 80% of seats, enabling near-effortless passage of controversial regulations despite widespread public opposition.
With parliamentary passage virtually guaranteed due to the government's overwhelming majority, international pressure may be the only remaining check on Indonesia's authoritarian drift. The KUHP revision represents a fundamental assault on the rule of law that will have lasting consequences for Indonesian democracy and human rights.
It seems that only diplomatic efforts by the international community may still halt this legislation before the parliament adopts it on 2 January 2026, alongside the new Criminal Code. Once enacted, these provisions will institutionalise arbitrary detention, torture, and the systematic suppression of civil society for years to come.
Dangerous expansion of state powers
Indefinite detention without oversight
The most alarming provision allows law enforcement to arrest individuals for unlimited periods under certain circumstances. Article 90 states that arrests may be made for an unlimited period of time under certain circumstances. It does not elaborate on the requirements for prolonged detention. The Civil Society Coalition for the Reform of the Criminal Procedure Code stated that this article has the potential to create violence because the longer the period of arrest, "the greater the room for abuse."
Civil society's concerns are grounded in Indonesia's documented history of police violence and misconduct. The Indonesian Legal Aid Foundation (YLBHI) recorded 154 cases of criminalization involving 1,097 victims between 2019 and 2025. More disturbingly, between 2011 and 2019, nearly 700 people were victims of torture in police custody, with 63 deaths resulting from brutal interrogation methods including beatings, electrocution, burning, and shooting.
The article also contravenes international human rights standards, which typically allow maximum detention periods of 48 hours. The lack of mandatory judicial oversight compounds the danger, as there is no oversight or control over arrests, such as an obligation to present a judge in person immediately after arrest.
Searches without warrants
Article 106(4) permits investigators to conduct searches without court warrants in broadly defined "urgent circumstances." This subjective criterion essentially allows law enforcement to bypass judicial oversight at will, as investigators can simply claim urgency to justify warrantless searches.
Criminalizing non-cooperation
Perhaps most troubling, Article 93(5)(b) and (d) enable arrests for "obstructing the investigation process" and "providing information that is not in accordance with the facts." The interpretation of these two points is considered overly broad and subjective. This effectively criminalizes the exercise of fundamental rights, including the right to remain silent. It is unclear what the meaning of 'cooperate' is.
International standards violated
The proposed revisions violate fundamental international human rights principles through multiple mechanisms. Unlimited arrest periods directly contravene the International Covenant on Civil and Political Rights, while the removal of judicial oversight undermines fair trial guarantees essential to due process. The criminalisation of non-cooperation effectively forces self-incrimination, violating the presumption of innocence. In addition, weakening advocate protections violates citizens' fundamental right to legal representation and access to justice.
Civil society excluded
Government officials claim extensive public participation, but civil society groups document systematic exclusion from meaningful consultation. The Civil Society Coalition submitted a public information request for the draft law in February 2025 but received no response. When invited to a closed-door meeting in April 2025, the coalition stated that the meeting focused on the drafting process without delving into substantive issues, as no draft had been published by the House of Representatives. The coalition's substantive input submitted in May 2025 was ignored, with no follow-up or accommodation of their recommendations.
Despite intimidation risks, student groups and civil society organisations continue protesting the authoritarian legislation. On 22 July 2025, University of Indonesia students and Civil Society Coalition activists demonstrated at parliament, rejecting the rushed process and revisions proposed by the parliament.
Key problematic provisions
Article 90: Unlimited detention periods
Article 93(5): Criminalization of non-cooperation
Article 106(4): Warrantless searches in "urgent" circumstances
Article 16: Expanded surveillance powers, including undercover operations
Timeline
February 2025: Draft law appears "suddenly"March 2025: Parliament publishes the official draft9-10 July 2025: 1,676 provisions discussed in two days
Target: The Law will become effective on 2 January 2026