The Indonesian House of Representatives has again focused its attention on revising the Criminal Procedure Code (KUHAP). Commission III deems the old rules no longer relevant. The legislator emphasizes that the evidentiary system needs to be updated to be fairer and better able to protect the fundamental rights of each party. That criticism emerged during a meeting in Senayan on Monday morning.
Board members said that the proof clause often poses real problems. The formulation of two pieces of evidence in addition to the judge's conviction, according to them, gives too much room for subjectivity. As a result, decisions often cause uncertainty. Moreover, the old system could pave the way for the emergence of a presumption of guilt from the outset.
The National Commission on Human Rights also submitted nine official inputs regarding the new draft. This institution emphasizes the need for strict oversight of law enforcement authorities, protection for whistleblowers, and an absolute prohibition on the use of evidence obtained unlawfully. Thus, the revision of KUHAP is expected to be able to prevent the practice of torture and violations of suspects' rights.
Motivation for Change in the Proof System
The latest KUHAP bill brings about fundamental changes. The minimum standard of two pieces of evidence is now placed at the early stage of the legal process. The designation of a suspect, arrest, and detention may only be carried out if the authorities have valid evidence. With this rule, the authorities can no longer act arbitrarily.
The types of evidence were also expanded. In addition to witness testimony, expert testimony, documents, indications, and the defendant's confession, electronic evidence now has official recognition. On the other hand, the new rules reject illegal evidence. Thus, the judge can no longer consider evidence obtained through illegal means.
The principle unus testis nullus testis still applies. A single witness is not enough without corroborating evidence. Moreover, the defendant's confession cannot be used as the basis for a verdict if it is not supported by valid evidence. Therefore, this revision is believed to narrow the scope of coercive confession practices.
Impact of Changes on Law Enforcement
The new KUHAP bill has had a real impact on all parties. Investigators must work more carefully because every coercive action must be supported by strong evidence. Prosecutors also have to prepare the case files more thoroughly so that they can proceed to trial.
Hakim has obtained a more measurable assessment framework. They must verify the authenticity of the evidence and reject illegal evidence. Thus, the scope of subjectivity is reduced, the consistency of rulings increases, and disparities in sentencing can be contained.
The public also experiences direct benefits. Legal aid posts in rural and urban villages provide more equitable access. Moreover, protection from the outset makes citizens more confident in the legal process.
Legal experts deem this step crucial. The Supreme Court previously reminded about the disparity in rulings in similar cases. Therefore, changes to the proof system will promote uniformity and a sense of fairness in the eyes of the public.
Commission III emphasizes that the discussion is still open. The Ministry of Law and Human Rights together with the DPR continues to align the inventory of issues. Meanwhile, several additional proposals such as electronic hearing regulations and the implementation of restorative justice have begun to be discussed in greater detail.
The revision of KUHAP has become an important milestone for improving the face of Indonesia's criminal procedure law. Legislators, Komnas HAM, and legal experts agree that the burden of proof should be fairer, electronic evidence needs to be regulated strictly, and the rights of suspects must be strengthened.
The political process is still ongoing. However, the direction of the discussion provides real hope for the public. As a result, the public can expect major changes that will shape the criminal procedure law system to be more modern. To stay updated on the latest developments, you may read related articles on the Hukum Insimen channel and refer to the official DPR documents.
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