November 18, 2025 | 02:25 pm
TEMPO.CO, Jakarta - Chair of the House of Representatives' (DPR) Commission III, Habiburokhman, denied claims that the revision of the Criminal Procedure Code (KUHAP) would pave the way for police overreach or arbitrariness. The denial follows the circulation of information on social media suggesting the new KUHAP allows police to conduct wiretapping without judicial oversight.
"There is a kind of poster circulating on social media which contains false information, stating that if the KUHAP bill is passed, the police can do this to you without the judge's permission. This is completely untrue," said Habiburokhman before the plenary session for the approval of the new KUHAP at the DPR building in Senayan, Jakarta, on Tuesday, November 18, 2025.
The poster specifically claims that the KUHAP bill would allow police to secretly wiretap, record, and manipulate the public's digital communications without a court order. Habiburokhman countered that Article 136, paragraph (2) of the new KUHAP only mandates that wiretapping procedures will be specifically regulated in a separate wiretapping law. "The new law will only be discussed after the approval of the new KUHAP," he clarified.
The Gerindra Party member did not deny the existence of content regarding forced wiretapping within the draft of the new KUHAP. However, he emphasized that the implementation and specific regulations governing wiretapping will be addressed by a separate, dedicated law.
He added that, in general, all factions within the DPR's Legal Commission agree that wiretapping must be strictly regulated and require court permission. "So, the [implementing] law does not exist yet, but the political stance on wiretapping already exists," he stated.
In addition to wiretapping, Habiburokhman also responded to concerns regarding the authority of law enforcement to block savings accounts and conduct seizures. He stressed that this authority still requires permission from a panel of judges.
According to the new Article 140 paragraph (2) of the KUHAP, all forms of blocking, including savings and online traces, must obtain permission from the Chief of the District Court. Meanwhile, under the new Article 44 of the KUHAP, all forms of seizure must be carried out with the judge's permission.
Further clarification was provided regarding the procedures for arrest, detention, and search. Habiburokhman claimed that arrest and detention are carried out very carefully and with strict requirements as regulated in Articles 94 and 99 of the new KUHAP.
He mentioned that an arrest requires at least two pieces of evidence. Detention can only be carried out under specific circumstances: if the defendant ignores two consecutive summonses without valid reasons, provides false information, obstructs the examination process, attempts to escape, repeats the offense, poses a danger, or influences witnesses to lie.
Regarding search, the procedure is regulated in Article 112 of the KUHAP and can only be carried out with the permission of the Chief of the District Court.
Habiburokhman concluded that the new KUHAP is "far more objective compared to what was stipulated in the KUHAP of the New Order era."
Indonesia's House of Representatives has passed the Draft Law on Amendment on Law Number 8 of 1991 on Criminal Procedure Code (KUHAP). House Speaker Puan Maharani approved the KUHAP Bill in a House plenary meeting today, Tuesday, November 18, 2025.
The newe KUHAP replaced Law Number 8 of 1981, which has been in effect for about 44 years. The revision of the KUHAP originated as a DPR initiative and was included in the 2025 National Legislation Program (Prolegnas) Priority, and is also listed in the 2026 Priority Prolegnas.
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