Prioritizing Dignity: The New Criminal Procedure Code’s Focus on Female Suspects, Witnesses, and Victims

Law No. 20 of 2025 concerning the Criminal Procedure Code (“New KUHAP”) provides enhanced attention to women undergoing criminal examination by authorised officials.

These regulations for women apply not only to women in the capacity of Suspect or Defendant but also to women with the status of witness, victim, convict, or person with a disability.

The aforementioned rights are as follows:

1. To receive treatment free from attitudes and statements that are demeaning, blaming, and/or intimidating at every stage of the examination;
2. To have consideration given to their situation and interest concerning disproportionate loss arising from gender inequality;
3. To be accompanied by a Support Person at every stage of the examination;
4. To have their testimony heard via remote audio-visual communication at the local district court or another location, if their psychological condition is deemed unfit due to fear/psychological trauma based on an assessment by a doctor or psychologist; and/or
5. To receive specific consideration based on gender vulnerability and needs in every decision made by an Investigator, Public Prosecutor, or Judge in exercising all authority under this Law.

The reform of Indonesia’s criminal procedural law, as reflected in Article 147, signifies a shift in the state’s perspective on Women in Contact with the Law. This provision affirms that women are entitled to humane and dignified treatment, free from stigma, at every stage of the criminal examination process.

Know your rights as a Woman undergoing a criminal examination process by authorised officials. Contact info@ssa-advocates.com.

Maryzka T Hardy / Dianyndra K Hardy