Jakarta, February 4, 2026 — The Director of Legal Affairs at the Central Executive Board of the Corruption Investigation Committee (CIC), Elres Rareral, S.H., M.H., has emphasized the importance of understanding the newly enacted Law No. 20 of 2025 on the Indonesian Criminal Procedure Code (KUHAP). The law introduces substantial reforms that affect law enforcement authorities, legal practitioners, and the public at large.

According to Rareral, civil society groups have expressed early concerns that the new KUHAP expands the authority of law enforcement agencies, particularly the police and prosecutors. However, he underlined that the law does not merely regulate expanded powers but also establishes clear and structured oversight mechanisms to ensure accountability.

“The new KUHAP sets out at least four oversight mechanisms to monitor law enforcement conduct,” Rareral told journalists on Wednesday.

First, the law strengthens the role of defense lawyers, placing advocates on an equal footing with other law enforcement officials throughout the entire legal process — from preliminary inquiry, investigation, prosecution, to court proceedings. Advocates are no longer passive companions to their clients but are formally empowered to file objections during examinations. These objections must be attached to the official examination report (BAP) and can be considered by judges during trial proceedings.

Second, all examination processes conducted at police facilities are now subject to mandatory audio-visual surveillance through CCTV monitoring. This system is intended to ensure transparency by documenting both questions and responses during interrogations. It also serves as a safeguard against violence, intimidation, or coercion during the investigative process.

Third, judicial oversight continues through the pretrial (praperadilan) mechanism, which remains an important legal avenue for reviewing the legality of investigative actions.

Fourth, the law reinforces coordination and supervision between investigators and public prosecutors, creating an additional layer of procedural control within the criminal justice system.

Rareral further noted that the updated Criminal Code (KUHP) contains provisions that recognize legitimate self-defense and other justifiable excuses that may exempt individuals from criminal liability, acknowledging that many citizens often find themselves acting in self-protection.

“The CIC is committed to bringing public aspirations into the legislative process to prevent procedural misconduct in the field from recurring,” he stated. “We also continue to gather public input related to police reform, which will contribute to broader institutional improvements within the National Police.”

The enactment of the new KUHAP is seen as part of Indonesia’s broader effort to modernize its criminal justice system, aiming to create a more transparent, fair, and accountable legal framework aligned with democratic principles and the rule of law.

Erles Rararel,S.H,M.H

Editor :  Jakarta, 4 February 2026