Decoding Indonesia’s 1981 Code of Criminal Procedure: Where Law Meets Justice

Summary:

The Code of Criminal Procedure (KUHAP) in Indonesia has undergone significant changes since its enactment in 1981. It is a procedural code that outlines the detailed process of criminal cases, ensuring fairness and justice for all stakeholders involved, including law enforcement, public prosecutors, judges, and the accused. KUHAP emphasizes the importance of protecting the rights of the accused, including being informed of charges, legal counsel, and representation, and the right to appeal against judgments. The code has had notable successes, such as the case of Mr. Y, where the court ruled that the media involvement in his arrest was contrary to the principles of dignity and humanity outlined in KUHAP. However, concerns have been raised about the code being bypassed in high-profile and politically sensitive cases, and special laws dealing with issues like terrorism creating loopholes.