3 Prohibited Search Locations
- Draft includes restrictions on where investigators can conduct searches.
- Jakarta - The Indonesian Parliament is currently engaged in discussions regarding the revision of the Criminal Procedure Code (KUHAP).
- According to Article 108 of the draft revision, investigators are barred from searching the following locations:
Indonesian Parliament Debates Revisions to Criminal Procedure Code
Table of Contents
Draft includes restrictions on where investigators can conduct searches.
Jakarta – The Indonesian Parliament is currently engaged in discussions regarding the revision of the Criminal Procedure Code (KUHAP). The proposed revisions include stipulations outlining specific locations where investigators are prohibited from conducting searches.
According to Article 108 of the draft revision, investigators are barred from searching the following locations:
a. Spaces where sessions of the People’s Consultative Assembly, the House of Representatives, the Regional Representative Council, or the Regional People’s Representative Council are in progress;
b. Spaces where worship services or religious ceremonies are taking place;
c. Spaces where court hearings are in session.
The prohibition of investigators entering these locations is not a novel concept. Law Number 8 of 1981, which concerns the Criminal Procedure Law, already contains a similar ban on investigators entering these three specific locations.
However, the current Criminal Procedure Code lacks detailed specifics regarding the search prohibition. Article 35 of the existing code states:
Except in cases of being caught red-handed, investigators are not allowed to enter:
Article 35, Criminal Procedure Code
a. Spaces where the People’s consultative Assembly, the House of Representatives Council, or Regional Representative Council is underway;
b. Places where religious worship or ceremonies are taking place;
c. Spaces where a court trial is underway.
Indonesian Criminal Procedure Code Revisions: A Guide
What is the indonesian Criminal Procedure Code (KUHAP)?
The Indonesian Criminal Procedure Code, known as KUHAP (Kitab Undang-Undang Hukum Acara Pidana), outlines the legal procedures for criminal investigations, prosecution, and trials in Indonesia. It’s the framework that dictates how law enforcement agencies, prosecutors, and the courts handle criminal cases.
What Revisions are Currently Being Debated?
The Indonesian Parliament is currently discussing revisions to the Criminal Procedure Code. A key focus of these revisions involves specifying the locations where investigators are prohibited from conducting searches.
What Locations Are Investigators Prohibited from Searching?
The draft revisions, according to Article 108, prohibit investigators from searching the following locations:
Spaces where sessions of the People’s Consultative Assembly, the House of Representatives, the Regional Representative Council, or the Regional People’s Representative Council are in progress.
Spaces where worship services or religious ceremonies are taking place.
Spaces where court hearings are in session.
is This Prohibition New?
No, the prohibition on investigators entering these locations isn’t entirely novel. Law Number 8 of 1981, also concerning the Criminal Procedure Law, already included a similar ban.
How Does the Existing Code Differ?
The current Criminal Procedure Code (KUHAP) already addresses this prohibition, but the existing code lacks detailed specifics. Article 35 of the existing code states that, except in cases of being caught red-handed, investigators are not allowed to enter:
Spaces where the People’s Consultative Assembly, the House of Representatives Council, or Regional Representative Council is underway.
Places where religious worship or ceremonies are taking place.
Spaces where a court trial is underway.
The current revision seeks to offer greater clarity regarding these restrictions.
Comparison of Search Restrictions: Current vs. Proposed Revisions
The following table summarizes the key differences in search restrictions between the existing and proposed revisions to the Indonesian Criminal Procedure Code:
| Feature | Current Code (Article 35) | Proposed Revisions (Article 108) |
| :————————– | :———————————————————————————————— | :——————————————————————————————————————— |
| Assemblies/Councils | Prohibits entry during sessions (People’s Consultative Assembly, House of Representatives Council, and Regional Representative Council) | Prohibits searching sessions of the People’s Consultative Assembly, the House of Representatives, the Regional Representative Council, or the Regional People’s Representative Council. |
| Religious Locations | Prohibits entry during worship or ceremonies. | Prohibits searching spaces where worship services or religious ceremonies are taking place. |
| Court Hearings | Prohibits entry during court trials.| Prohibits searching spaces where court hearings are in session. |
| Details | Lacks detailed specifics. | Provides greater clarity on prohibited locations for searches. |