Ensure that the Revision of the Criminal Procedure Code is Oriented to Fulfilling the Rights of Women in Conflict with the Law

Responding to the Discussion of the Draft Criminal Procedure Code Bill in Commission III of the House of Representatives of the Republic of Indonesia 

“Ensure that the Revision of the Criminal Procedure Code is Oriented to Fulfilling the Rights of Women in Conflict with the Law” 

The National Commission on Violence Against Women (Komnas Perempuan), in a Public Hearing (RDPU) with Commission III of the House of Representatives of the Republic of Indonesia (DPR RI), underlines the importance of fulfilling the rights of women in conflict with the law (PBH) and substantially including them in the Draft Criminal Procedure Code’ OR ‘in substance, including them in the Draft Criminal Procedure Code. These rights encompass women’s roles as victims, witnesses, suspects, defendants, and convicts. 

This statement was delivered in the Public Hearing which took place on July 14, 2025. Komnas Perempuan is observing both the process and substance of the discussions on the Draft Criminal Procedure Code Bill currently underway in the House of Representatives. 

The Chairperson of Komnas Perempuan, Maria Ulfah Anshor, highlights that within the current Criminal Procedure Code (KUHAP), women in conflict with the law have not received guaranteed protection of their rights. Rights in relation to witnesses, victims, suspects/defendants, and convicts do not fulfil the unique needs of women. In many cases, women victims of violence are still treated solely as evidence and aspects of justice and reparation for the impacts of the crimes they experience are yet to receive state attention. 

The Public Hearing session was led directly by the Chair of Commission III, Habiburokhman. He stated that the discussion of the Draft Criminal Procedure Code Bill has now entered the formulation and synchronization stage (Timus/Timsin) and that this stage is being conducted openly and welcomes the input of community groups. However, Komnas Perempuan notes a sense of haste in the deliberations. This is due to the limited time allocated (July 9–10, 2025), despite the 584 Problem Inventory Lists (DIM) requiring in-depth and careful review. This situation raises concerns, particularly regarding the possible lack of attention to articles that directly impact the fulfillment of women’s rights in legal proceedings. 

Komnas Perempuan encourages the House of Representatives to ensure meaningful participation in all stages of the Draft Criminal Procedure Code deliberations, both in terms of process and substance. This is crucial to ensure that the resulting Draft Criminal Procedure Code Bill truly reflects the experiences and needs of women seeking justice and addresses the various structural issues faced by women in conflict with the law within the criminal justice system. 

Many law enforcement officers (APH) still lack a gender perspective and often view victims as the cause or as those responsible for the crimes they experience. Meanwhile, women who are suspects or defendants  still do not receive optimal guarantees for their unique needs, including protection from vulnerabilities and the risk of injustice during the legal process. 

Regarding the substance of the Draft Criminal Procedure Code Bill, Komnas Perempuan has identified deficiencies or inadequacies in the regulation of procedural law that have the potential to harm women in conflict with the law, in at least 11 chapters. Komnas Perempuan also proposed new substances in these chapters, including: chapters on Investigation and Prosecution; Prosecution; Restorative Justice Mechanisms; Coercive Measures; Rights of Suspects, Defendants, Witnesses, Victims with Disabilities, Women, and the Elderly; Advocates and Legal Aid; Court Authority to Judge; Connectivity; Compensation; Rehabilitation and Restitution; Examination in Court Hearings; and the chapter on Ordinary Legal Remedies. 

During the Public Hearing, Komnas Perempuan also highlighted several important issues requiring attention. First, the authority of preliminary investigators and/or investigators is deemed insufficient to accommodate the interests of victims of violence, particularly in the context of Law No. 23 of 2004 on the Elimination of Domestic Violence (PKDRT Law) and Law No. 12 of 2022 on Criminal Acts of Sexual Violence (TPKS Law). Komnas Perempuan encourages the provisions of these two laws to be integrated into the Draft Criminal Procedure Code to strengthen protection for victims and limit the room for movement of perpetrators. In addition, Komnas Perempuan proposes a complaint mechanism if a victim’s report is rejected or not followed up, as well as an expansion of the scope of pretrial motions. This is crucial because many cases of violence against women remain stalled at the investigation stage for a long time without legal clarity. 

The Deputy Chairperson of Komnas Perempuan, Ratna Batara Munti, stresses that the protracted handling of a victim’s case constitutes a form of “delayed justice,” which has a significant impact on the victim. The victim feels physically and psychologically exhausted and disappointed because they feel they have been treated unfairly. 

Second, in the Prosecution chapter, Komnas Perempuan also encourages the expansion of Public Prosecutors’ authority to include the provision of information regarding the rights of victims and suspects, the referral of victims to recovery services, and the involvement of experts when drafting charges. Prosecutors are also expected to avoid using vulgar descriptions when explaining sexual aspects and to establish initial communication with victims. 

Third, in the chapter on Restorative Justice, Komnas Perempuan emphasizes that its implementation must be based on human rights and only apply to minor crimes. Restorative justice should not be applied to cases of sexual violence or repeated crimes, and it should not deprive victims of their right to reparation. 

Fourth, Komnas Perempuan rejects the provisions in the Draft Criminal Procedure Code that allow for detentions lasting more than 1 (one) day. In fact, the government is said to have proposed extending the detention period to 7 (seven) days. Komnas Perempuan asserts that the detention period should be limited to a maximum of 1 (one) day to ensure the protection of suspects’ human rights. 

Komnas Perempuan Commissioner, Rr. Sri Agustini, states that international human rights standards stipulate that detention can only be made for 48 hours. After that time, the arrested person must be physically brought before a judge to determine whether the arrest was legal and whether detention is necessary. She claimed that the revised Criminal Procedure Code must ensure that the practice of criminal procedure law aligns with the principles of justice and respect for human dignity. 

Contact Person: Elsa Faturahmah (081389371400)