The present document of Amnesty International reflects on Indonesia’s existing Code of Criminal Procedure (Kitab Undang-Undang Hukum Acara Pidana, KUHAP) which determines the procedures and rights of individuals at the different stages of investigation and trial. Amnesty states that while the existing KUHAP provides many safeguards for the protection of the rights of suspects and defendants, there are a number of areas where it does not meet international standards for fair trials. Further, those safeguards which the existing KUHAP does contain are often in practice ignored, with adherence to the KUHAP undermined by the absence of any penalty for failing to comply, including the absence of a clear prohibition on the admissibility of evidence obtained illegally. The comments of Amnesty refer to a number of non-treaty standards which, represent the consensus of the international community on standards to which states should aspire, such as the Basic Principles on the Role of Lawyers.
The present document of Amnesty International reflects on Indonesia’s existing Code of Criminal Procedure (Kitab Undang-Undang Hukum Acara Pidana, KUHAP) which determines the procedures and rights of individuals at the different stages of investigation and trial. Amnesty states that while the existing KUHAP provides many safeguards for the protection of the rights of suspects and defendants, there are a number of areas where it does not meet international standards for fair trials. Further, those safeguards which the existing KUHAP does contain are often in practice ignored, with adherence to the KUHAP undermined by the absence of any penalty for failing to comply, including the absence of a clear prohibition on the admissibility of evidence obtained illegally. The comments of Amnesty refer to a number of non-treaty standards which, represent the consensus of the international community on standards to which states should aspire, such as the Basic Principles on the Role of Lawyers.