Authority, Rights, and Reform: Legislative Struggles over Indonesia’s Criminal Procedure Code (1979–1981)

Abstract The dynamics surrounding the legislative process of the Indonesian Criminal Procedure Code ( Kitab Undang-Undang Hukum Acara Pidana , KUHAP) from 1979 to 1981 were shaped by a clash between two opposing ideologies. On one side stood proponents of a rights-based approach, advocating for legal protections for the accused; on the other, supporters of an authoritarian approach emphasised the primacy of state authority in maintaining security and public order. In the end, Indonesian lawmakers were able to strike a balance by establishing several procedural safeguards that purported to protect the rights of the accused. This article offers a detailed account and analysis of this debate, illuminating how resistance and compromise emerged from the struggle. Drawing on these historical insights, the article explores the potential for reform in the contemporary Indonesian legal and political landscape, highlighting current challenges. The main dataset for this article was collected from official records of the meetings that took place during the legislative process of the KUHAP, as well as public opinion at the time. Although this debate took place more than four decades ago, revisiting the historical context of the KUHAP remains crucial to understanding its ongoing relevance and potential future for reform.