The Criminal Procedure Code (KUHAP) in Indonesia was created in 1981 to substitute Het Herziene Inlandsch Reglement (HIR), a law which was created by the Dutch government and used for conducting legal processes both in civil and criminal cases. Compared to HIR, KUHAP is considered an improvement on criminal procedure since it unified a dual colonial criminal court structure1 and is more comprehensive through its inclusion of legal aid and compensation.
With the fall of Suharto, the following Reformasi period and the requirements of international norms, KUHAP is no longer believed as adequate for a modern Indonesia. Indonesia has ratified several human rights covenants and conventions such as the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT)3, according to which provisions under the KUHAP need to be brought in line with international human rights standards and principles. For this reason, a process of revising the current KUHAP has been initiated in 20014, and is still to conclude.
As one of the purposes of the revision is to “… protect human rights either for suspects, accused persons, witnesses, or victims …”5, it is essential to ensure that all provisions in the current KUHAP which obstruct human rights protections are eliminated in the bill whereas provisions supporting human rights protection need to be added. This writing tries to identify several problems under the KUHAP and the KUHAP bill which are related to human rights issues.
a special report by the Asian Human Rights Commission, July 2011
Untuk lebih jelas (Laporan tersebut dapat di unduh di sini)
atau kunjungi langsung Asian Human Rights Commission
Gerakan Pembaharu KUHAP 