THE NEW CRIMINAL PROCEDURE CODE AND THE CRISIS OF DUE PROCESS OF LAW IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM
DOI:
https://doi.org/10.33603/responsif.v17i1.11626Keywords:
New Criminal Code, Due Process of Law, Suspect Rights, The State of LawAbstract
The ratification of the New Criminal Code on November 18, 2025, which came into effect on January 2, 2026, marks a fundamental change in Indonesia's criminal procedure law system. This update is intended to address the evolution of modern crime and the demands of law enforcement effectiveness. However, the expansion of law enforcement officials' authority in the areas of detention, confiscation, search, and eavesdropping raises serious problems for the principle of due process of law. A number of studies show that weakening the principle of procedural justice can increase the risk of arbitrariness and human rights violations. This research aims to critically analyze the New Criminal Code from the perspective of the state of law and the protection of human rights. The research method used is normative juridical with a statutory and conceptual approach. The results of the study show that strengthening the authority of the apparatus, without balancing it with strengthening judicial control, has the potential to shift the balance between state power and citizens' rights in the criminal justice system.
References
LAWS AND REGULATIONS
Constitution of the Republic of Indonesia in 1945, Statute Book of the Republic of Indonesia Number 75 of 1959.
Law No. 11 of 2008 concerning Information and Electronic Transactions, Statute Book of the Republic of Indonesia No. 58 of 2008, Supplement to Statute Book of the Republic of Indonesia No. 4843, jo. Law No. 19 of 2016, Statute Book of the Republic of Indonesia No. 251 of 2016, Supplement to Statute Book of the Republic of Indonesia No. 5952.
Law No. 2 of 2002 concerning the National Police of the Republic of Indonesia, Statute Book of the Republic of Indonesia No. 2 of 2002, Supplement to Statute Book of the Republic of Indonesia No. 4168.
Law No. 39 of 1999 concerning Human Rights, Statute Book of the Republic of Indonesia No. 165 of 1999, Supplement to Statute Book of the Republic of Indonesia No. 3886.
Law No. 48 of 2009 concerning Judicial Power, Statute Book of the Republic of Indonesia No. 157 of 2009, Supplement to Statute Book of the Republic of Indonesia No. 5076.
Law No. 8 of 1981 concerning Criminal Procedure Law, Statute Book of the Republic of Indonesia No. 76 of 1981, Supplement to Statute Book of the Republic of Indonesia No. 3209.
The New Criminal Procedure Code, passed on November 18, 2025, comes into effect on January 2, 2026.
DECISION OF THE CONSTITUTIONAL COURT
The Constitutional Court Decision Number 21/PUU-XII/2014 concerning pretrial and determination of suspects was published in the State Gazette of the Republic of Indonesia in 2015.
The Constitutional Court Decision Number 20/PUU-XIV/2016 concerning electronic evidence was published in the State Gazette of the Republic of Indonesia in 2017.
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