The revised draft of the Criminal Procedure Code (KUHAP) from the DPR is expected to be completed by April 2025. "My suggestion is that, considering the timeline from March to June, the draft should be ready by April," said Hinca Panjaitan, a member of Commission III of the DPR RI, during a public hearing on March 5, 2025, at the Parliament Complex in Jakarta. Commission III is currently gathering input from experts and lawyers to help create the KUHAP draft. After this, each faction in Commission III will discuss the draft with the government. "Then, we will open the draft for public participation, and lawyers can help us detail the norms," he added.
During today's public hearing, Commission III sought feedback from lawyers regarding the KUHAP bill. One lawyer, Maqdir Ismail, suggested that suspects should only be detained after a court ruling to prevent overcrowding in detention facilities. "I propose that detention should occur only after a verdict, except in special cases, such as individuals with unclear addresses or jobs," Maqdir stated in his presentation. He believes that suspects with known addresses should not be detained, especially if the evidence against them is weak. He emphasized that this consideration is important in the KUHAP bill to avoid overcrowding in prisons. "Some friends have mentioned that people are packed in like sardines. I think this is a violation of human rights if it continues," he remarked.
Additionally, Luhut MP Pangaribuan, the Chairman of DPN Peradi, raised concerns about the restorative justice mechanism. He cautioned that care should be taken when formulating restorative justice provisions in the KUHAP bill, as it also includes regulations on this mechanism.
We must remember that we are discussing criminal law. We differentiate between public and private legal norms, he said. "If suddenly public criminal matters are resolved through reconciliation, it would undermine the foundation of our legal system," he added.