Polri & KUHAP Revision: Investigator Role Removed – Updates

JAKARTA, KOMPAS.com – The DPR and the government agreed to remove the provisions regulating the Indonesian National Police (Polri) as the main investigator in the draft Revision of the Criminal Procedure Code (RUU KUHAP).

The agreement was taken at a meeting of the Working Committee (Panja) of the DPR Commission III KUHAP Bill with the government at the Parliament Complex, Senayan, Jakarta, Thursday (13/11/2025).

“Okay? Agree?” said the Chairman of Commission III of the DPR, Habiburokhman, who was greeted with an affirmative answer from the meeting participants.

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The Gerindra Party politician previously explained that the provision deleted was Article 6 in the previous draft which contained provisions regarding Polri investigators as the main investigators.

“Colleagues, we will continue discussing the clusters in the revised KUHAP which are considered still problematic. But there is something we need to review a little, related to Article 6,” said Habiburokhman.

According to Habiburokhman, the step to delete this article was taken to harmonize the KUHAP Bill with other related laws that are already in force.

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“Yesterday we submitted a proposal for an article regarding the Supreme Prosecutor chosen by the president, because that is already regulated in the Prosecutor’s Law. So we will treat the National Police with the same thing, because it is already regulated in the National Police Law, there is no need for redundant regulations here anymore,” he said.

Habiburokhman also asked the Drafting Team and Synchronization Team for the Criminal Procedure Code Bill whether the latest draft presented at today’s meeting had been adjusted.

“(This latest draft) has been adjusted, right, the same as the Prosecutor’s Office? The same, right?” Habiburokhman asked.

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This question was answered “yes” by representatives of the Formulation Team and Synchronization Team.

The meeting immediately approved the deletion of this provision.

Thus, Article 6 which originally mentioned the National Police as the main investigator was officially removed from the draft Criminal Procedure Bill.

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Before being deleted, Article 6 paragraph (2) read: “The National Police Investigator as referred to in paragraph (1) letter a is the main investigator who is given the authority to carry out investigations into all criminal acts in accordance with the provisions of the Law.” This decision also clarifies the statement of the Deputy Minister of Law and Human Rights (Wamenkumham) Edward Omar Sharif Hiariej the day before.

After the KUHAP Bill Working Committee meeting on Wednesday (12/11/2025), Edward stated that the discussion regarding the provision of the National Police as the main investigator in the KUHAP Bill was final.

According to the man who is familiarly called Eddy, these provisions were taken and formulated from the decision of the Constitutional Court (MK) Number 20/PUU-XXI/2023.

“The main investigator is in the words of the Constitutional Court’s decision. It says that the National Police is the main investigator who coordinates and supervises Civil Servant Investigators,” said Eddy, Wednesday.

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