Indonesia’s criminal justice system is entering a new phase of procedural reform following the enactment of Law No. 20 of 2025 on the Criminal Procedure Code (KUHAP). A study by Rahmat Adenan and Nursariani Simatupang from Universitas Muhammadiyah Sumatera Utara found that the new regulation significantly reforms the investigation process for assault cases by emphasizing digital transparency, scientific evidence standards, restorative justice, and stronger judicial oversight. The research was published in 2026 in the International Journal of Education and Life Sciences (IJELS).
The study highlights long-standing concerns regarding legal uncertainty during criminal investigations in Indonesia. Investigators have traditionally held broad discretionary powers, creating risks of procedural violations, arbitrary actions, and inconsistent law enforcement practices. Delays in submitting investigation notices, weak supervision mechanisms, and limited transparency have often undermined public trust in the criminal justice system.
According to the researchers, Law No. 20 of 2025 introduces a major paradigm shift by requiring all stages of criminal investigations to follow stricter procedural standards and digital administration systems. Assault investigations, including both ordinary and aggravated assault cases, must now be supported by stronger scientific evidence and integrated electronic case management.
One of the most significant reforms identified in the study is the mandatory digitalization of investigation administration. Under the new system, police reports, investigation warrants (Sprindik), and notices of investigation commencement (SPDP) must be uploaded into an integrated electronic platform accessible to prosecutors and judicial authorities. Researchers argue that this system can reduce case delays, improve procedural transparency, and strengthen oversight over police investigators.
The study also notes that the new law strengthens the role of scientific evidence in assault cases. Previously, the determination of injuries in assault investigations was often considered subjective. Under the revised procedural framework, investigators are required to coordinate more closely with forensic and medical experts from the early stages of investigations to ensure that criminal charges are supported by objective evidence.
Another major reform involves stronger protection of suspects’ procedural rights. The researchers found that the new Criminal Procedure Code shifts Indonesia’s legal approach closer to the Due Process Model, emphasizing human rights protections during investigations. Suspects in serious assault cases must now be accompanied by legal counsel from the first examination stage, and procedural violations may render investigation reports legally invalid.
The study further discusses the formalization of restorative justice mechanisms within assault investigations. Under Law No. 20 of 2025, restorative justice is no longer treated merely as discretionary police policy but as a legally regulated institution with strict requirements. Restorative settlement may only apply in cases involving non-recidivist offenders, non-permanent injuries, and voluntary restoration agreements between parties.
Researchers argue that these restrictions are important to prevent abuse of discretion and ensure that restorative justice does not become a tool for informal settlements lacking accountability. Every restorative agreement must now undergo a special case review and be officially recorded within the judicial system.
The study also highlights the strengthened role of the Preliminary Examining Judge (Hakim Pemeriksa Pendahuluan / HPP), who now functions as a horizontal oversight mechanism over investigators’ actions. Through this system, coercive measures such as detention, searches, and evidence seizure can be reviewed by an independent judicial authority. Researchers believe this reform may reduce abuse of power and improve police professionalism in handling assault cases.
According to Rahmat Adenan and Nursariani Simatupang, legal certainty cannot rely solely on written regulations but must also depend on transparent oversight systems and institutional integrity. They emphasize that successful implementation of the new law will require stronger investigator competence, digital administration skills, and consistent judicial supervision.
The findings are considered important for Indonesia’s ongoing criminal justice reform agenda. The researchers suggest that digital procedural systems, stronger judicial oversight, and scientifically grounded investigations could improve public trust in law enforcement while reducing arbitrary investigative practices.
Author Profiles
- Rahmat Adenan - Universitas Muhammadiyah Sumatera Utara
- Nursariani Simatupang - Universitas Muhammadiyah Sumatera Utara
Research Source
Adenan, R., & Simatupang, N. (2026). Reformulation of Investigations into Criminal Acts of Assault to Achieve Legal Certainty Based on Criminal Procedure Code Number 20 of 2025. International Journal of Education and Life Sciences (IJELS), Vol. 4 No. 4, 513–522.
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