In Indonesia: Innocent until Proven Guilty ❎ Guilty until Proven Innocent ✅
The DPR Has Passed the New KUHAP.
On 18 November 2025, the DPR officially legalized the revised Criminal Procedure Code (KUHAP), The government claims it modernizes procedure and protects rights, but the public reaction tells a different story. It strengthens the power to take your freedom first and justify it later.
Key Clause #1: Two Pieces of Evidence
“Penetapan Tersangka … berdasarkan minimal 2 (dua) alat bukti.” (Pasal 85 ayat (1))
And also: “Penangkapan … berdasarkan minimal 2 (dua) alat bukti.” (Pasal 88)
Critics: Definition of “alat bukti” not clarified risk of misuse. And there is no clear distinction between the requirement of two pieces of evidence for determining a suspect and detainment.
Key Clause #2: Broad Reasons for Detention
Pasal 93 ayat (5) expands reasons to detain someone from dozens of subjective grounds like “tidak bekerja sama,” “menghambat proses,” etc.
Critics say: “Subjective and vague” = high risk of inconsistent and subjective detention.
Key Clause #3: Searches & Seizures With Weak Limits
Pasal 106 ayat (4): “Dalam keadaan mendesak, Penyidik dapat melakukan penggeledahan tanpa izin dari ketua pengadilan negeri.”
Critics: “Keadaan mendesak” doesn’t have a clear definition which leads to a huge gap for a misused use of power and authority.
The Concern
When the law allows arrest, detain or search on very broad and vague grounds with weak oversight, instead of “the state must prove you’re guilty,” it risks becoming: the accused must prove they’re innocent.
That’s a dangerous flip.
Justice isn’t just about what the law says, it’s about how it protects individuals when power is wielded. If “freedom” can be taken on vague grounds, the default becomes guilty until you prove your innocence.
Well for what it's worth, the law has been passed. Whether it ends up protecting us or being used against us it depends on how we respond. Be informed, ask questions, and most importantly demand accountability from those with authority.
