National Seminar and Workshop on RKUHAP by FH ULM Produces Several Recommendations
Banjarmasin – The Faculty of Law at Universitas Lambung Mangkurat (FH ULM) Banjarmasin, South Kalimantan, held a national seminar and workshop on the Draft Criminal Procedure Code (RKUHAP) at the ULM Multipurpose Building (GSG) Banjarmasin on Wednesday (27/2). The event was attended by legal experts from various leading universities.
The event’s chairman, Daddy Fahmanadie, S.H., LLM, stated that the seminar was titled “RKUHAP as the Basis for Law Enforcement According to the Constitution” and involved speakers from several universities, including Prof. Dr. H. M. Hadin Muhjad, S.H., M. Hum (ULM), Dr. Febby Mutiara Nelson, S.H., M.H (University of Indonesia), and Dr. Septa Candra, S.H., M.H., (Muhammadiyah University of Jakarta). “A total of 135 participants attended this national seminar,” said Daddy.
The discussions in this seminar covered five crucial topics related to the revision of the Criminal Procedure Code (KUHAP), including the urgency of strengthening the principle of legality in criminal procedure law. The speakers also discussed the importance of coordination among law enforcement agencies to avoid overlapping authorities and the protection of Human Rights (HAM) in the criminal justice system.
Prof. Dr. H. M. Hadin Muhjad, S.H., a Professor at the Faculty of Law ULM, stated that the renewal of the Criminal Procedure Code through the draft amendment number 8 of 2081 on the Criminal Procedure Code is urgent to address the dynamics of criminal law following the issuance of the Criminal Code (KUHP) 1/2023. He criticized the elimination of the investigation stage in the draft Criminal Procedure Code, which could reduce accountability and ignore the principle of checks and balances. “The prosecution should act as quality control without direct intervention, except in special cases according to the law,” said Prof. Hadin.
Dr. Septa Candra, S.H., M.H., Vice Rector of UMJ, emphasized that the revision of the RKUHAP should prioritize horizontal coordination between investigators and public prosecutors to prevent abuse of power. He also stated that the principle of dominus litis should not grant sole authority to the public prosecutor but should still prioritize horizontal oversight.
This national seminar produced conclusions and recommendations, including that the revision of the Criminal Procedure Code must prioritize the principles of material justice, transparency, and alignment with the 1945 Constitution. The new Criminal Procedure Code is expected to become a legal umbrella followed by sectoral regulations to ensure consistency in law enforcement.
