Makassar, Indonesia July 29/ LCPR-RG/- Imagine being wrongly accused of a crime. The police unexpectedly show up, label
you a suspect, and take away your freedom. Naturally, you seek justice by filing a “pre-
trial” motion—a legal mechanism designed to challenge arbitrary arrests and unfair
suspect designations. You present your case, hoping for a fair hearing. But then, a
single judge hands down a ruling against you based on a subjective interpretation of
the law. You try to appeal the decision, only to be hit with a harsh reality: the judge’s
word is completely final. There is absolutely no higher court you can appeal to. Once
the gavel drops, your fate is sealed. The Research titled “Criminal Procedure Law Reform: Against Indonesia’s Pre-Trial Ruling” was published in Veredas do Direito Journal by Elsevier on 3 May 2026.
This is the frightening reality of the current Indonesian criminal justice system. Pre-
trial hearings were originally created as a protective shield for citizens, meant to
oversee and control the immense coercive powers of law enforcement officials like the
police and prosecutors. However, the system is suffering from massive structural
flaws. Currently, pre-trial cases are rushed through in just seven days and are decided
by a single, solitary judge. This creates a dangerous environment ripe for personal
bias, subjective rulings, and unchecked human error. When a single judge wields
absolute power over a person’s freedom, without the balancing perspective of a panel
of judges, the risk of injustice skyrockets.
The most devastating flaw, however, is the lack of an appeal mechanism. In our
current Criminal Procedure Code (KUHAP), pre-trial rulings are strictly final and
binding. If a judge makes an egregious error or misinterprets the law, the victim has
no legal remedy. They are trapped. This absence of vertical oversight means there are
zero checks and balances to correct a flawed judicial decision. Instead of guaranteeing
legal certainty, this system breeds profound legal uncertainty and leaves citizens
dangerously vulnerable to abuse of power.
Fixing this broken system is not just a matter of domestic legal procedure; it is deeply
intertwined with building a sustainable and just society, directly championing Sustainable
Development Goal (SDG) 16: Peace, Justice and Strong Institutions. A justice system
that allows unappealable, subjective decisions by a single judge is fundamentally weak. By
reforming the law to allow pre-trial appeals and requiring a panel of judges, we create a
transparent, accountable, and strong institution that truly protects human rights and
guarantees equal justice for all citizens.
To rescue the integrity of Indonesia’s legal system, a bold reform is urgently needed.
We must reconstruct the law to ensure that pre-trial hearings are conducted by a
panel of judges over a reasonable fourteen-day period, allowing for a thorough and
objective examination of the facts. Most importantly, we must open the doors for
citizens to appeal pre-trial rulings to the High Court. Justice cannot be a one-shot
gamble decided by a single person. True justice demands accountability, oversight,
and the fundamental right to a second look.
Reference
DOI:
https://doi.org/10.18623/rvd.v23.5196
Contact:
Afif Muhni, S.H., M.H.
Afif.Muhni@unhas.ac.id
