Minister of State Secretariat Reveals Implementing Regulations for the KUHAP Are Still Under Harmonization

Prasetyo Hadi, the Minister of State Secretariat has disclosed the reason why the implementing regulations for Law No. 20 of 2025 on the Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana – "KUHAP") have yet to be issued. These implementing regulations include the Draft Presidential Regulation on the Information Technology-Based Criminal Justice System, Draft Government Regulation ("RPP")  on Restorative Justice, and the RPP on implementation of KUHAP.

Prasetyo stated that all of the new KUHAP implementing regulations have already been submitted to his ministry. However, all three draft regulations remain in the harmonization stage. "They are still undergoing harmonization," he told Hukumonline. He further assured that the Government will soon provide an update on the status of the three implementing regulations. 

Previously, Deputy Minister of Law, Edward Omar Sharif Hiariej, explained that the Draft Presidential Regulation on the Integrated Information Technology-Based Criminal Justice System (Sistem Peradilan Pidana Terpadu Berbasis Teknologi Informasi – "SPP-TI") would centralize the function of the SPP-TI under the Supreme Court. Previously, this function fell under the authority of the Coordinating Ministry for Political, Legal, and Security Affairs. According to him, placing the system under the authority of the Supreme Court ("MA") is more appropriate given the MA’s supervisory role over the administration of justice.

The RPP on Restorative Justice will regulate the requirements and technical procedures for the implementation of restorative justice mechanisms throughout all stages of the criminal justice process, including investigation, prosecution, trial, and the execution of criminal sanctions.

Meanwhile, the RPP on implementation of the KUHAP will contain all technical provisions mandated by the new KUHAP. The RPP is expected to comprise hundreds of technical articles prepared through coordination among various institutions, including the MA, the Attorney General's Office, and the National Police. "Its drafting incorporates various existing regulations, including MA Regulations," Eddy stated.