Jakarta, hitclubapk3 Indonesia
—
Chairman of Commission III DPR, Habiburokhman revealed 14 substantive changes in the Revision of the Criminal Procedure Code (
RKUHAP
) which was ratified at level one on Thursday (13/11).
In the meeting which was also attended by government representatives, as many as eight or all factions in the RKUHAP Panja agreed that the RKUHAP would immediately be brought to Plenary to be passed into law.
Some compact factions believe that the RKUHAP must be updated immediately because it is already 44 years old since it was first passed in 1981 under President Soeharto.Habib said that the RKUHAP that had been approved had the opportunity to be ratified at the plenary session next week.
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“Yes, next week, the nearest one,” he said in a press conference after the meeting.
He revealed the course of discussions on the RKUHAP since it became a DPR initiative proposal starting February 18.Then, it was officially discussed in June through a Presidential Decree sent by President Joko Widodo.
Thus, it will take six months for the bill to be discussed.The RKUHAP regulates a number of changes related to challenges to the justice system, especially covering transparency, accountability and the rights of victims or defendants.
“Therefore, every article in this bill must respond to these needs wisely while still prioritizing the principles of justice and protection of human rights,” he said.
The following is a list of 14 substantive changes to the RKUHP:
1. Adjustment of criminal procedural law by taking into account developments in national and international law
2. Adjustment of criminal procedural law regulations with the values of the new Criminal Code which emphasizes a restorative, rehabilitative and restitutive orientation in order to realize the restoration of substantive justice and social relations between perpetrators, victims and society
3. Confirmation of the principle of functional differentiation in the criminal assessment system, namely the proportional division of roles between investigators, public prosecutors, judges, advocates and community leaders to ensure professionalism and accountability
4. Improve regulations regarding the authority of investigators, investigators and public prosecutors as well as strengthen coordination between institutions to increase the effectiveness and accountability of the criminal justice system
5. Strengthening the rights of suspects, accused victims, witnesses, including the right to legal assistance with the assistance of an advocate, the right to a fair and impartial trial and protection against threats of intimidation or violence at every stage of law enforcement
6. Strengthening the role of advocates as an integral part of the criminal justice system
7. Setting up a restorative justice mechanism as an alternative for resolving criminal cases outside of court which can be carried out from the investigation stage to the examination in court
8. Special protection for vulnerable groups, including people with disabilities, women, children and the elderly, is strengthened by the obligation of authorities to carry out special integrity assessments and provide friendly and accessible inspection facilities and infrastructure.
9. Strengthening the protection of persons with disabilities at every stage of the examination
10. Improve regulations regarding coercive measures to ensure the implementation of the principles of protecting human rights and due process of law.Including time limits on terms of determination and judicial control mechanisms through court permission for the actions of law enforcement officials
11. Introduction of new legal mechanisms in criminal procedural law, including pleading guilty for cooperative defendants in exchange for leniency in sentences and deferred prosecution agreements for perpetrators of corporate crimes
12. Regulation of principles of responsibility for corporate criminal acts
13. More firmly regulate competency, restitution and rehabilitation as legal rights of victims and parties harmed by procedural errors or errors in law enforcement
14. Modernization of criminal procedural law to create a justice process that is fast, simple, transparent and accountable
(thr/gil)
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