Senin, Desember 4, 2023

Revision of new KUHAP Deemed Urgent

Amidst ongoing developments in the Indonesian criminal justice system and the recent passing of the country’s new Criminal Law Code ("KUHP") into law, various important revisions are now being considered in relation to Indonesia’s Criminal Procedural Law ("KUHAP"), including various elements that are aimed at the protection of human rights.
Deliberations of the Draft Bill on KUHAP ("Draft Bill") began in 2013 and even though these deliberations have still not yet been completed, the Draft Bill has been categorized as a House of Representatives (DPR) initiative and included as a part of the 2019 – 2024 National Legislation Program (Prolegnas).
The Draft Bill contains 286 articles and 18 chapters that cover various matters, including: legal principles and criminal principles that are based on laws and regulations, the authorities of investigators, accelerated processes for the settlement of cases, reduction in the levels of overcapacity currently being experienced by correctional institutions, and so forth.
Following the promulgation of Law no. 1 of 2023 as the new KUHP, a new legal concept has emerged, specifically the recognition of societal laws, which requires the adjustment of the Draft Bill and which encompasses material legalities, the double-track punishment system and various considerations that relate to sentencing guidelines, judicial clemency, alternatives to prison sentences and the death penalty.
According to Lovina, a researcher from the Institute for Criminal Justice Reform (ICJR), KUHAP requires urgent revision in order to ensure that the country’s legal framework is in line with current developments. Also offering insight into this issue is Flora Dianti, a scholar from the Faculty of Law at the University of Indonesia, who has stressed that the clarity of evidence should be emphasized in order to ensure the rights of defendants. Moreover, Dianti believes that human rights should be prioritized, so that attempts to resolve cases have a strong evidential basis.
For more on this story, see Hukumonline: “Urgensitas Revisi KUHAP, Pembaruan Hukum Pidana Formil Indonesia Merupakan Kebutuhan”.

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Amidst ongoing developments in the Indonesian criminal justice system and the recent passing of the country’s new Criminal Law Code ("KUHP") into law, various important revisions are now being considered in relation to Indonesia’s Criminal Procedural Law ("KUHAP"), including various elements that are aimed at the protection of human rights.
Deliberations of the Draft Bill on KUHAP ("Draft Bill") began in 2013 and even though these deliberations have still not yet been completed, the Draft Bill has been categorized as a House of Representatives (DPR) initiative and included as a part of the 2019 – 2024 National Legislation Program (Prolegnas).
The Draft Bill contains 286 articles and 18 chapters that cover various matters, including: legal principles and criminal principles that are based on laws and regulations, the authorities of investigators, accelerated processes for the settlement of cases, reduction in the levels of overcapacity currently being experienced by correctional institutions, and so forth.
Following the promulgation of Law no. 1 of 2023 as the new KUHP, a new legal concept has emerged, specifically the recognition of societal laws, which requires the adjustment of the Draft Bill and which encompasses material legalities, the double-track punishment system and various considerations that relate to sentencing guidelines, judicial clemency, alternatives to prison sentences and the death penalty.
According to Lovina, a researcher from the Institute for Criminal Justice Reform (ICJR), KUHAP requires urgent revision in order to ensure that the country’s legal framework is in line with current developments. Also offering insight into this issue is Flora Dianti, a scholar from the Faculty of Law at the University of Indonesia, who has stressed that the clarity of evidence should be emphasized in order to ensure the rights of defendants. Moreover, Dianti believes that human rights should be prioritized, so that attempts to resolve cases have a strong evidential basis.
For more on this story, see Hukumonline: “Urgensitas Revisi KUHAP, Pembaruan Hukum Pidana Formil Indonesia Merupakan Kebutuhan”.

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