Andi Adam Faturahman, Jakarta – The Civil Society Coalition for the Revision of the Criminal Procedure Code (KUHAP) strongly criticizes the ratification of the Revision of Law Number 8 of 1981 concerning KUHAP into law during the House of Representatives (DPR) plenary session today.
Iqbal Muharam Nurfahmi, a representative of the coalition, stated that the ratification of the KUHAP Bill demonstrates the drafters' disregard for the police reform agenda. He contends that the new bill grants law enforcement excessively broad authority.
"The ratification of the KUHAP Bill is a setback for legal reform in Indonesia," Iqbal asserted at the DPR's Pancasila Gate on Tuesday, November 18, 2025.
Problematic articles grant police unchecked investigative power
Based on the coalition's analysis, several articles within the KUHAP Bill are deemed problematic, specifically citing Articles 5, 7, 8, 16, 74, 90, 93, 105, 112A, 124, 132A, and 137. According to Iqbal, these provisions confer extensive powers upon the police in the management of criminal investigations.
For instance, Article 16 paragraph (1) outlines investigation procedures that may include crime scene investigation, observation, interviews, tailing, undercover purchases, supervised handovers, tracking, and approaching or inviting individuals to obtain information.
The central concern is that the KUHAP Bill allows operations like undercover purchases and supervised handovers, previously restricted to the investigation phase in specialized cases like narcotics, to be conducted in general criminal operations.
This authority, Iqbal continued, renders the investigative methods unconstrained and permits them without judicial oversight.
"This potentially opens up opportunities for law enforcement officers to create and engineer criminal acts and their perpetrators, which is the very purpose of the investigation phase itself to determine the existence of criminal acts," he asserted.
Concerns over pre-charge arrest and detention authority
Further concerns center on Article 5, paragraph (2) of the KUHAP Bill regarding arrest, which stipulates that investigators can carry out arrests, restrict individuals from leaving a place, conduct searches, and even detain individuals under the orders of the investigator.
On the same occasion, Daniel Winarta, a public attorney from the Jakarta Legal Aid Foundation (LBH Jakarta), noted that this provision has the potential to implicate all sectors, given that arrests can be executed by law enforcement during the investigation phase, before the confirmation of a criminal offense.
The coalition highlighted the contrast with the previous KUHAP, where arrests during the investigation phase were subject to highly limited authority, and detention was often not permitted.
"The KUHAP Bill should seek a balance between law enforcement and human rights. But what is happening is quite the opposite," Daniel commented.
"However, in Article 5 of the KUHAP Bill, during the investigation phase, arrests, restricting individuals from leaving a place, searches, and even detention can be carried out, even though at this stage, the existence of criminal acts has not been confirmed," the coalition reiterated in its statement.
DPR defends bill amid criticism
Amid these criticisms and widespread rejection, the DPR and the government remain resolute in ratifying the KUHAP Bill. Chair of the DPR's Commission III, Habiburokhman, maintained that the new KUHAP is intended to reinforce the position of citizens, including vulnerable groups, within the legal system.
He also claimed that during its deliberation, the DPR Commission III and the government had satisfied the principle of meaningful participation by soliciting input from various stakeholders, including the Coalition.
"However, not all inputs can be accommodated. This is the reality of parliament," said the Gerindra Party politician.