Due Process Paradigm in the Comparison of Old and New Indonesian Criminal Procedure Codes

Abstract

The reform of the Criminal Procedure Code (KUHAP) is a fundamental urgency in dealing with social changes, technological advances, and the dynamics of Indonesian political-legal affairs. The 1981 Criminal Procedure Code, which was once considered a masterpiece, now has limitations in responding to modern crimes, electronic evidence, and increasing demands for human rights protection. Through a normative juridical approach and a comparative analysis between the old Criminal Procedure Code and the Criminal Procedure Bill, this study highlights important changes such as the affirmation of the mechanism of coercion, the strengthening of the rights of suspects and victims, the standardization of wiretapping, and the integration of the criminal justice system. This reform not only adjusts to technological developments and the Constitutional Court decision Number 21/PUU-XII/2014, but also ensures synchronization with the new Criminal Code that takes effect in 2026. In addition, there is a paradigm shift from a retributive model to restorative justice that emphasizes restoration and dialogue. The reform of the Criminal Code is expected to strengthen accountability, judicial efficiency, and legal certainty, while demanding strict supervision so as not to cause power imbalances in its implementation.