Responding to the Criminal Procedure Code Bill, Prof. Henry Indraguna: Beware of controversial articles lurking!

The step of the Indonesian House of Representatives which has received Presidential Letter from the country’s President Prabowo Subianto regarding the appointment of government representatives to discuss the Draft Law on the Criminal Procedure Code has been welcomed by Indonesia’s legal expert Prof. Dr. Henry Indraguna.

 

Jakarta (Indonesia Window) – Indonesia’s legal expert Prof. Dr. Henry Indraguna, welcomed the step of the Indonesian House of Representatives which has received Presidential Letter (Surpres) Number R-19/ Pres/03/2025 from the country’s President Prabowo Subianto regarding the appointment of government representatives to discuss the Draft Law on the Criminal Procedure Code (RUU KUHAP).

The letter was received as conveyed by the Indonesian House Speaker Puan Maharani in a Plenary Meeting at the Parliament Complex in Senayan area, Jakarta, on Tuesday (March 25).

This bill will be discussed immediately with Commission III of the Indonesian House of Representatives after the presidential letter was officially received on Thursday (March 20).

Chairperson of Commission III of the Indonesian House of Representatives, Habiburokhman, revealed that the final draft of the Criminal Procedure Code Bill is ready to be discussed.

“The presidential letter has been issued and signed by the President. We are targeting the discussion to be completed in a short time because the number of articles is not too many,” the Gerindra Party politician said.

Prof. Henry, who is also an Expert Advisor to the Research and Development Center of the Golkar Party, emphasized that the Criminal Procedure Code Bill will strengthen the role of advocates in the legal process.

So far, advocates have often only been “spectators” when their clients are questioned, without the right to speak or provide input.

“We want advocates to have the right to speak and become active legal advisors for their clients,” he emphasized in Jakarta, Thursday (March 27).

According to him, this step will strengthen the legal rights of suspects, especially at the investigation stage which is prone to violations.

Strengthening the role of advocates is also in line with Law Number 18 of 2003 concerning Advocates. Article 5 paragraph (1) of the Law explicitly states that advocates have the status of free and independent law enforcers, with equal standing with the police, prosecutors, and judges.

“The active role of advocates in investigations can reduce the risk of intimidation, especially for ordinary people who are not familiar with the law,” added Prof. Henry, who is also Deputy Chair of the Advisory Board of the Indonesian Advocates Congress (KAI).

In addition, the proposal of Peradi (the Indonesian Advocates Association) regarding granting immunity rights for advocates was also accepted.

“Advocates cannot be sued inside or outside the court as long as they carry out their duties ethically and in accordance with the law,” said Juniver, one of the participants in the hearing with Commission III of the Indonesian House of Representatives.

Prof. Henry Indraguna hopes that this immunity right would eliminate advocates’ anxiety in defending the interests of the community for the sake of justice.

Although optimistic, Prof. Henry highlighted a number of articles in the Criminal Procedure Code Bill that have the potential to “boomerang”.

One of them is the dominus litis article which gives prosecutors great authority to investigate and detain.

“Without strict supervision, ordinary people are at risk of becoming victims of unilateral detention. Moreover, there is an article on detention that can be extended for gray reasons, this is prone to abuse,” said the doctor of law from the UNS university in Surakarta city, Central Java province and Borobudur University in Jakarta.

He also warned about the wiretapping article that could threaten public privacy.

“Imagine personal data being tapped without court permission and without a clear purpose at the beginning. If this happens, it is a serious violation,” said the Deputy Chairperson of Bapera (the Nusantara Youth Front).

In addition, protection for witnesses and victims is considered still weak.

“Victims of crime can be afraid to testify because there is no guarantee of safety,” he added.

Prof. Henry, who was once a member of the Expert Team of the Presidential Advisory Council also questioned the effectiveness of the implementation of this bill.

He emphasized the need for strict regulations on pro bono (free) legal aid.

“If it is not regulated clearly, only those who can afford to pay for advocates would benefit. The legal inequality would widen, and the goal of justice would not be achieved,” he stated.

Hope for legal reform

Discussion of the Criminal Procedure Code Bill is still ongoing in the House of Representatives with the public and legal activists continuing to monitor so that this revision remains on the path of fair and transparent legal system reform.

“The law must actually protect and provide affirmation, not scare the people,” Prof. Henry said.

With the role of advocates now strengthened, it is hoped that this bill would be a new milestone towards more equal justice, although the challenges of controversial articles still loom.

Reporting by Indonesia Window