Evidence-based Criminal Justice Reform

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Evidence-based Criminal Justice Reform

We collaborate with a coalition of civil society organizations to advocate for improvements in criminal law, such as issues related to narcotics, restorative justice, the death penalty, as well as the Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) based on evidence. Assistance to law enforcement agencies is also continuously provided to promote fair law enforcement that upholds human rights.

Several of our programs focus on:

Conducting extensive research on the criminal justice system, particularly material criminal law, criminal procedure law, criminal justice related to narcotics, and vulnerable groups facing the criminal justice system;

Advocating for criminal justice reform through collaboration with civil society coalitions, particularly by contributing through research support, data, and doctrinal in-depth analysis;

Providing technical assistance and mentoring to ministries/agencies of law enforcement in formulating criminal justice policies that are fair, rational, evidence-based, and grounded in human rights principles.

Criminal Procedure Law Reform: Launch of the Dutch KUHAP Translation (Strafvordering).
Criminal Procedure Law Reform: Launch of the Research Book on the Impact of the 2023 Criminal Code (KUHP) on Criminal Procedure Law Reform.
Criminal Justice Reform Related to Narcotics: Research on Sentencing Disparity of Narcotics Offenses in Indonesia.
Criminal Justice Reform Related to Narcotics: Research on the Judicial Impact Analysis (Cost of Crime and Justice) of Narcotics Cases.
Criminal Law Reform: Socialization of the 2023 Criminal Code (KUHP) at the DKI Jakarta Prosecutor’s Office and the Bangka Belitung Prosecutor’s Office.

Amid the ongoing discussions on the revision of the 1981 Criminal Procedure Code (KUHAP), we translated the Dutch Criminal Procedure Code (Strafvordering) into Indonesian, then made it available on an easily accessible website. We also held a launch event at the Faculty of Law, University of Indonesia (FH UI), which included a critical discussion on the issues surrounding the reform of KUHAP in Indonesia. The launch event was attended by a diverse group, including Hon. Prim Haryadi (Chairman of the Criminal Chamber of the Supreme Court), Prof. Eddy O.S. Hiariej (Vice Minister of Law and Human Rights), Prof. Asep N. Mulyana (Attorney General’s Deputy for General Crimes), Dr. Fachrizal Afandi (Chairman of ASPERHUPIKI), Prof. Andri Gunawan Wibisana (Vice Dean of FH UI), and others.
After the enactment of the 2023 Criminal Code (KUHP), it will be followed by updates to the Criminal Procedure Law. We conducted research on the Impact of the 2023 Criminal Code on Criminal Procedure Law Reform, focusing on aspects of criminal procedure law that need to be considered to align with the new 2023 Criminal Code. The launch event was attended by a diverse group, including Prof. Eddy O.S. Hiariej (Vice Minister of Law and Human Rights) and Benny K. Harman (Member of the DPR Commission 3).
Since the War on Drugs propaganda, Indonesia’s criminal justice system has been flooded with drug-related cases, which have significantly contributed to the phenomenon of prison overcrowding. On the other hand, sentencing in narcotics cases is suspected to have issues with sentencing disparity. In response, we conducted research measuring sentencing disparity in narcotics cases in Indonesia (2016-2020). This study examined 1,535 cases of narcotics trafficking and 1,634 cases of narcotics abuse. The launch event was attended by a diverse group, including Hon. Muhammad Syarifuddin (Chief Justice of the Supreme Court), ST Burhanuddin (Attorney General), Arsul Sani (Member of DPR Commission 3, Vice Chairman of MPR), and Prof. Harkristuti Harkrisnowo (Professor at FH UI).
Crime is not merely a matter of legal violation that results in criminal sanctions. Behind every crime, there are many costs incurred in response to that crime. The perpetrator will incur costs to defend themselves in court. The victim will incur costs to recover from the impacts of a criminal act. The state will also incur costs as the operational expense of the criminal justice system in processing a crime. This research aims to calculate the costs incurred in a narcotics crime, as it is the most prevalent criminal offense in Indonesia. The study involves respondents including 150 prisoners, 41 individuals in rehabilitation, 101 ex-prisoners, and 88 families of prisoners. Metrics on the cost of crime and justice will greatly assist policymakers in determining the most appropriate policy choices. The launch event was attended by a diverse group, including Denny (Director of Narcotics at Jampidum), Arief Yudiarto (Judge at East Jakarta District Court), and Dewo Joko Broto Putranto (Director of Law and Regulations at the Ministry of National Development Planning/Bappenas).
Ahead of the implementation of the 2023 Criminal Code (KUHP), we conducted a socialization of the 2023 Criminal Code at the DKI Jakarta High Prosecutor’s Office and the Bangka Belitung High Prosecutor’s Office, along with the jurisdiction of the district prosecutor’s offices under them. Furthermore, together with the DKI Jakarta High Prosecutor’s Office, we also compiled a review book of the 2023 Criminal Code, which contains critical notes on the new articles in the 2023 KUHP. The launch event was attended by a diverse group, including Prof. Topo Santoso (Professor at FH UI), and ST Burhanuddin (Attorney General).

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