November 19, 2025 | 12:50 pm
TEMPO.CO, Jakarta - Amnesty International Indonesia has urged the government and the House of Representatives (DPR) to repeal the newly enacted revision of the Criminal Procedure Code (KUHAP). The organization states that the approval of the revision signals a regression in the country's commitment to respecting, protecting, and fulfilling human rights.
Wirya Adiwena, Deputy Director of Amnesty International Indonesia, criticized the opaque formulation process and the manipulation of public participation. "Moreover, the DPR uploaded the approved draft less than 24 hours before its enactment. This effectively prevented meaningful engagement with civil society," Wirya said in a press release on Thursday, November 19, 2025.
Wirya noted that the substance of the approved revision remains riddled with problematic articles and increases the risk of abuse of power by law enforcement, particularly the police. Excessive discretion leaves citizens vulnerable to being treated as suspects without adequate protection.
He argued that the revised KUHAP grants authority for arrest and detention without court permission, increasing the potential for arbitrary actions, such as the mass arrests witnessed following the August 2025 demonstrations. "This is a violation of the right to a defense and a fair trial," he said.
Wirya also highlighted provisions regarding undercover operations, such as controlled purchases and deliveries, supervised by investigators without judicial oversight or restrictions on the type of crime. According to him, these methods open the door to entrapment, allowing investigators to manufacture crimes and incriminate citizens in circumstances that might not have occurred without police interference.
He expressed concern that the expanded authority granted to law enforcement is not balanced by regulations ensuring adequate legal aid. Under the newly approved code, the right to legal assistance is still determined by the severity of the potential penalty. However, access to legal counsel is a fundamental principle of a fair trial and should be available to any individual from the start of the judicial process, regardless of the charge.
"Therefore, instead of strengthening justice and the rule of law, the current KUHAP revision places authorities in a dominant position without adequate accountability mechanisms," Wirya concluded.
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