Draft Revision of Criminal Code and Procedures Moves Forward to House

Fathan Qorib, Mahinda Arkyasa

The Ministry of Law and Human Rights has finished drafting a revision to the Indonesian Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP). Thirty years in the making, the drafting process began in 1982 and will now after much anticipation be submitted to the House of Representatives for discussion.          

Speaking at the Ministry of Law and Human Rights End of Year Review, Wednesday (26/12), Deputy Minister Denny Indrayana told the crowd that he was optimistic about the upcoming parliamentary discussions, and that “…hopefully we can discuss the laws together.”

The Ministry also submitted a draft revision of the Corruption Eradication Law to the President, to be discussed together with the House.

Wahiduddin Adams, Director General of Legislation at the Ministry, also told Hukumonline at the event that the drafts will be submitted to the House next year.

Explaining why the drafting project took thirty years, Wahiduddin said that they took a very long time to review and take inputs from the public, given the sheer size of the revision; 766 articles revised in all.

According to Wahiduddin, the KUHP revision will continue to “allow capital punishment” to be imposed on some criminal offenders.

The Director General of Legislation also explained that the draft will newly introduce the position of “commissioner judge” (hakim komisaris), which will investigate serious crimes and particularly complex inquiries.

The commissioner judge will not preside over trials, but rather will investigate cases, and gather evidence. They may be given the autonomous power to suggest that a suspect be forwarded to trial or other criminal proceedings.

Currently, the authority to gather and investigate evidence rests with the pre-trial hearing institution (lembaga praperadilan). It is not certain what outcomes await for pre-trial processes and their respective administrators if the new position of commissioner judge is put in place.

(eli)

Fathan Qorib, Mahinda Arkyasa

The Ministry of Law and Human Rights has finished drafting a revision to the Indonesian Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP). Thirty years in the making, the drafting process began in 1982 and will now after much anticipation be submitted to the House of Representatives for discussion.          

Speaking at the Ministry of Law and Human Rights End of Year Review, Wednesday (26/12), Deputy Minister Denny Indrayana told the crowd that he was optimistic about the upcoming parliamentary discussions, and that “…hopefully we can discuss the laws together.”

The Ministry also submitted a draft revision of the Corruption Eradication Law to the President, to be discussed together with the House.

Wahiduddin Adams, Director General of Legislation at the Ministry, also told Hukumonline at the event that the drafts will be submitted to the House next year.

Explaining why the drafting project took thirty years, Wahiduddin said that they took a very long time to review and take inputs from the public, given the sheer size of the revision; 766 articles revised in all.

According to Wahiduddin, the KUHP revision will continue to “allow capital punishment” to be imposed on some criminal offenders.

The Director General of Legislation also explained that the draft will newly introduce the position of “commissioner judge” (hakim komisaris), which will investigate serious crimes and particularly complex inquiries.

The commissioner judge will not preside over trials, but rather will investigate cases, and gather evidence. They may be given the autonomous power to suggest that a suspect be forwarded to trial or other criminal proceedings.

Currently, the authority to gather and investigate evidence rests with the pre-trial hearing institution (lembaga praperadilan). It is not certain what outcomes await for pre-trial processes and their respective administrators if the new position of commissioner judge is put in place.

(eli)

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