Jakarta – The government has formulated the criminal procedure law to protect the human rights (HAM) of every individual from arbitrary actions by law enforcement officials. This was emphasized by the Vice Minister of Law (Wamenkum), Edward Omar Sharif Hiariej, during the Kick-Off and Socialization Webinar of Law No. 20 of 2025 on the Criminal Procedure Code (KUHAP).
According to the Vice Minister, the success of the criminal justice system should not be measured by the number of crimes solved, but by its ability to prevent crime.
“It is incorrect to say that criminal procedure law exists merely to process offenders. Its fundamental philosophy is the protection of human rights,” he stated at Graha Pengayoman, Jakarta, on Thursday (January 29 2026).
He further explained that the KUHAP contains inherent antinomy, two opposing principles that coexist without negating each other. This duality is what makes law distinctive.
“The KUHAP is full of antinomies. On one hand, criminal procedure law is based on the doctrine of ius puniendi, the state’s authority to prosecute, punish, and enforce punishment. On the other hand, it must protect human rights. This creates a tension between empowering law enforcement and safeguarding individual rights,” he explained.
The Vice Minister noted that the KUHAP contains around 60 articles governing investigation and prosecution. The powers of investigators and prosecutors, therefore, must be clearly, explicitly, and precisely regulated.
“This is not intended to expand or strengthen law enforcement officers, but to ensure that officers are strictly prohibited from acting beyond what is expressly provided by law. The core characteristic of criminal procedure law is formality, its provisions must be written, clear, and strictly interpreted,” he stressed.
He added that criminal procedure law must never be interpreted in a way that harms suspects, defendants, convicts, or prisoners, as its philosophical foundation is to protect individuals from the arbitrary exercise of state power.
“The new KUHAP is oriented towards the due process of law, a universally recognized procedural legal system. There are only two fundamental aspects of due process of law: ensuring that procedural law contains provisions that protect human rights, and ensuring that law enforcement officers strictly adhere to those human rights protections within the procedural law. These principles are clearly reflected in the new KUHAP,” he stated.
The new KUHAP also guarantees protections for the rights of suspects, witnesses, victims, women, children, persons with disabilities, vulnerable groups, and the elderly.
“The KUHAP mandates that investigators conduct assessments to determine whether individuals under examination require legal assistance. It also explicitly prohibits prosecutors from committing acts of torture, degrading treatment, or unprofessional conduct. Any such violations will result in criminal penalties and ethical sanctions,” he concluded.
