Indonesia: Comments on the draft revised Criminal Procedure Code
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The right to a fair trial is a fundamental safeguard to ensure that individuals are not unjustly punished. It is also crucial to the protection of other human rights, such as the right to freedom from torture and other cruel, inhuman or degrading treatment or punishment (ill-treatment); the right to freedom from arbitrary detention; the right to freedom of expression and association; and, in the case of states like Indonesia which retain the death penalty, the right to life.
Indonesia’s existing Code of Criminal Procedure (Kitab Undang-Undang Hukum Acara Pidana, KUHAP) determines the procedures and rights of individuals at the different stages of investigation and trial. While the existing KUHAP provides many safeguards for the protection of the rights of suspects and defendants, there are a number of areas where it does not meet international standards for fair trials. Further, those safeguards which the existing KUHAP does contain are often in practice ignored, with adherence to the KUHAP undermined by the absence of any penalty for failing to comply, including the absence of a clear prohibition on the admissibility of evidence obtained illegally.
The Indonesian government itself has recognised the need to reform the existing KUHAP to provide, among other things, greater legal protection to suspects, defendants, witnesses and victims. Under the auspices of the Director General for Legislation at the Ministry of Law and Human Rights a draft revised KUHAP has been prepared and is currently being discussed at a series of information sessions for members of the legal profession and other interested groups, before a final version is introduced into the national parliament for debate. Amnesty International acknowledges and welcomes the commitment of the Indonesian government to review and reform existing legislation with a view to strengthening human rights protection and the rule of law. There are notable improvements in the draft revised KUHAP.
However, the organization is concerned that in certain respects the draft revised KUHAP remains inconsistent with international fair trial standards and leaves suspects and defendants, particularly those in detention, vulnerable to human rights violations.
Amnesty International’s main concerns are set out in the comments below. The comments are based on a draft of the revised KUHAP obtained on 15 September 2005 from the Ministry of Justice and Law website http://www.depkumham.go.id/unit/pp/arsip/ranc/ruu/ruu-hapdn.htm, which is the most recent draft Amnesty International has had access to. As the draft remains a work in progress, it may be that more recent versions have been, or are being prepared which address some of the concerns raised.
This document summarizes a 24-page report (10779 words), Indonesia, Comments on the draft revised Criminal Procedure Code (AI Index: ASA 21/005/2006) issued by Amnesty International in September 2006. Anyone wishing further details or to take action on this issue should consult the full document. An extensive range of our materials on this and other subjects is available at http://www.amnesty.org and Amnesty International news releases can be received by email:
http://www.amnesty.org/email/email_updates.html