Why Indonesia’s new criminal procedure code is under scrutiny
Indonesia’s newly revised Criminal Procedure Code (KUHAP), passed by parliament on 18 November 2025, has drawn criticism from civil society groups and rights organisations, who argue that the updated rules on arrest and detention risk expanding police powers and weakening due process protections.
The Civil Society Coalition for KUHAP Reform has warned that several provisions could enable arbitrary arrests, prompting lawmakers, including Commission III chairman Habiburokhman, to defend the changes as necessary updates to outdated procedures.
The revised KUHAP clarifies that police investigators retain primary arrest authority, while civil investigators may only arrest on police orders. The Attorney General’s Office, the Corruption Eradication Commission (KPK) and the Indonesian Navy remain exempt and may act under their own laws.
Arrests must be supported by at least two pieces of evidence, and investigators must provide a suspect with an assignment letter and an arrest warrant detailing the reason for arrest and the alleged crime. A copy must be given to the suspect’s family or local authorities within 24 hours. Warrant requirements, however, do not apply to suspects caught red-handed, a provision rights groups say could be easily abused.
Indonesia’s Minister of Human Rights, Natalius Pigai, defended the legislation, saying that “eighty percent of human rights elements” had been incorporated. He said the ministry submitted extensive recommendations during parliamentary discussions and was willing to facilitate further dialogue for those who felt unheard.
But Amnesty International Indonesia has rejected the government’s claims, calling for the revision to be revoked entirely. Deputy Director Wirya Adiwena described the process as opaque and exclusionary, noting that parliament uploaded the final draft less than 24 hours before enactment. “This effectively prevented meaningful engagement with civil society,” he said.
This story is written and edited by the Global South World team, you can contact us here.
