A Clarified Right: The Guarantee of a Prompt Examination Under the Revised Criminal Procedure Code

Certainty of Examination Time Limits for Suspects under the New Criminal Procedure Code (KUHAP 2025). The certainty of the time limit for examining a Suspect is one of the new matters regulated more firmly in Law No. 20 of 2025 concerning the Criminal Procedure Code (“New KUHAP”). The key difference is the explicit provision that the examination must be conducted by the investigator within 1 (one) day after the detention order is executed.

This matter is regulated in Article 40 of the New KUHAP and reinforced as a right of the Suspect or Defendant in Article 142, establishing the promptness of the examination as a formal right.

This right was actually regulated in the old KUHAP, but it lacked a clear time limit. The old regulation only stipulated that a Suspect or Defendant had the right to be examined “immediately.” However, there was no clarity regarding what was meant by “immediately” in that provision.

In contrast to the old KUHAP, the New KUHAP explicitly states that this right to a prompt examination applies not only to a person with the status of a Suspect but also to a Defendant. Therefore, in the context of conducting examinations during trial proceedings in the district court, the right to be promptly examined also applies

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

Maryzka T Hardy / Dianyndra K Hardy