Expanding Rights: Four New Protections for Suspects Under Indonesia’s New Criminal Procedure Code

There are 4 new rights for Suspects or Defendants regulated under Law No. 20 of 2025 concerning the Criminal Procedure Code (“New Criminal Procedure Code”). These new rights are:

The right to information regarding one’s rights. Furthermore, under Article 34 paragraph (1) of the New Criminal Procedure Code, when providing explanations or statements at the investigation stage, the Suspect must be informed of their rights.

The right to appoint a consular representative of a country to be contacted.

The right to submit a request for a restorative justice mechanism. However, this right does not apply to a person charged with a corruption offence.

The right to file a claim for compensation and rehabilitation.

Regarding the right to claim compensation, it is further regulated in Article 173 paragraph (1), which essentially stipulates that a Suspect, Defendant, or Convict has the right to demand Compensation for being arrested, detained, prosecuted, tried, or subjected to other measures without lawful grounds according to the law or due to a mistake concerning the person or the law applied.

In the New Criminal Procedure Code, the rights of Suspects and Defendants are regulated in a more structured manner within Article 142, whereas in the old Criminal Procedure Code, these rights were regulated separately. This is a positive development that will make it easier for Indonesian citizens to understand their rights.

Know your rights as a Suspect or Defendant when dealing with authorised officials. Contact info@ssa-advocates.com.