indonesiabrief.com/ — National Seminar and Workshop Discuss RKUHAP as the Basis for Constitutional Law Enforcement
Lambung Mangkurat University (ULM) successfully hosted the National Seminar and Workshop titled "RKUHAP as the Basis for Constitutional Law Enforcement" on Wednesday (26/2) at the ULM Multipurpose Hall (GSG). The event was attended by 135 participants from various backgrounds, including academics, legal practitioners, students, and the general public.
Critical Examination of RKUHAP
Organizing Committee Chairman, Daddy Fahmanadie, S.H., L.L.M., stated that the seminar aimed to critically examine the amendments to the Criminal Procedure Code (KUHAP) within the constitutional framework and assess its legal implications on Indonesia’s criminal justice system.
Speakers and Discussion Topics
The seminar featured distinguished legal experts as keynote speakers, including:
Prof. Dr. H. M. Hadin Muhjad, S.H., M.Hum. (Professor of Law, ULM)
Dr. Febby Mutiara Nelson, S.H., M.H. (Secretary of the Doctoral Program, Faculty of Law, University of Indonesia)
Dr. Septa Candra, S.H., M.H. (Vice-Rector, Muhammadiyah University Jakarta/UMJ)
Andi Sri Kumalarani, S.Sos., M.M.Inov (TV ONE News Anchor) as the moderator
The discussion focused on five key topics related to the KUHAP revision:
The urgency of strengthening the principle of legality in criminal procedure law.
Coordination among law enforcement institutions to prevent overlapping authorities.
Protection of Human Rights (HAM) within the criminal justice system.
Evaluation of the Dominus Litis principle to ensure alignment with the criminal justice subsystem.
The role of the new KUHAP in balancing legal certainty and justice.
The speakers emphasized that the revision of KUHAP must create a more transparent and accountable legal system while preventing abuse of power.
Conclusions and Recommendations
The seminar produced several strategic recommendations, including:
The revised KUHAP must prioritize material justice, transparency, and alignment with the 1945 Constitution.
The adoption of foreign legal systems must be adapted to Indonesia’s local wisdom-based justice values.
The new KUHAP should serve as the primary legal framework, supported by sectoral regulations ensuring consistency in law enforcement.
The Dominus Litis principle must be re-evaluated to avoid conflicts with Indonesia’s criminal justice system.
Enhanced coordination between the National Police (Polri) and the Attorney General’s Office to prevent jurisdictional conflicts in criminal proceedings.
According to Prof. Hadin Muhjad, S.H., M.Hum., the reform of KUHAP is crucial to align with substantive criminal law dynamics following the enactment of Criminal Code Law No. 1/2023. Key concerns highlighted in the seminar included:
The elimination of the investigation phase in the Draft KUHAP potentially reduces accountability and disregards the principle of checks and balances.
The reduction of police authority in investigations contradicts constitutional mandates.
A clear checks and balances mechanism is needed between the National Police and the Attorney General’s Office, where the latter functions as quality control without excessive intervention.
The new KUHAP should avoid overlaps with sectoral laws and uphold the principles of democracy, transparency, and human rights protection.
The revision must accommodate technological advancements in legal processes, such as digitalization of case files.
Dr. Septa Candra, Vice-Rector of UMJ, concluded the discussion by emphasizing that the RKUHAP revision must prioritize horizontal coordination between investigators and prosecutors to prevent abuse of power. He also stressed that functional differentiation should be maintained while ensuring cooperation based on material justice and transparency.
Facilities and Impact
The seminar provided participants with valuable insights into the dynamics of criminal procedure law in Indonesia. Each participant received a certificate as an acknowledgment of their contribution to the constructive academic discussion. It is hoped that this seminar will serve as a stepping stone toward strengthening stakeholder synergy for the reform of Indonesia’s criminal justice system.
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