Reforming Indonesia’s Criminal Justice System
As part of the renewal of criminal law regulations in Indonesia, following the enactment of the new Criminal Code, the Government of the Republic of Indonesia has drafted the Criminal Procedure Code Bill (“RKUHAP”). This draft proposes fundamental changes related to the criminal justice system in Indonesia.
Several significant amendments in the RKUHAP aim to improve efficiency and facilitate the resolution of criminal cases, such as discontinuing prosecutions in the public interest and/or for specific reasons, halting minor case prosecutions, and prioritizing cases with complex evidentiary requirements.
Criminal Penalties for Witnesses and Experts Who Deliberately Refuse to Testify in Court
One notable change in the RKUHAP worth further examination is found in Article 196(2) concerning standard examination procedures, which states (as quoted below):
“(2) If a witness or expert fails to appear despite being lawfully summoned, and the presiding judge has sufficient reason to suspect that the witness will refuse to attend, the presiding judge may order the witness to be brought before the court.”
Furthermore, an explanation of Article 196(2) is provided (as quoted below):
“(2) Testifying is an obligation for every individual. A witness who, after being summoned to a court hearing to provide testimony, refuses to fulfill this obligation may be subject to criminal penalties under applicable laws. The same applies to experts.”
Essentially, this amendment is intended to serve a positive purpose—if a witness refuses to testify in court despite having direct knowledge, observation, or firsthand experience of a criminal act, their refusal could hinder the enforcement of criminal law in Indonesia.
By imposing an obligation on witnesses to appear and testify in court, law enforcement officials can perform their duties more effectively, ensuring justice for victims of criminal acts. Both witness testimonies and expert statements play a crucial role in uncovering the factual truth of legal cases.
Preventing Obstruction of Justice in Indonesia’s Criminal Justice System
This measure also helps prevent obstruction of justice—deliberate attempts to hinder court proceedings from achieving justice. The refusal of witnesses and experts to testify could obstruct law enforcement efforts, especially if done intentionally. Therefore, Article 196(2) of the RKUHAP facilitates law enforcement in seeking justice for victims of criminal acts.
However, one key point must be emphasized: although this regulation was established by the Government of the Republic of Indonesia to support criminal court proceedings, it remains essential to safeguard the rights of witnesses and experts when testifying. Witnesses and experts must be able to provide information clearly and truthfully to the court without pressure from any party. They also retain the right to refuse testimony under certain specific circumstances.