WALHI Indonesia warns new KUHAP 2025 endangers environmental justice and defenders

Environmental organisations in Indonesia have raised serious concerns over the passage of KUHAP 2025, a revised version of the country’s criminal procedure code. Critics argue that the law endangers environmental protection efforts and reduces accountability for environmental crimes, particularly by corporations.

KUHAP refers to the Kitab Undang-Undang Hukum Acara Pidana, Indonesia’s Code of Criminal Procedure. Originally enacted in 1981, the law outlines procedures for investigation, arrest, detention, prosecution, and trial. KUHAP 2025 represents the first full overhaul in over four decades.

On 18 November 2025, Indonesia’s People’s Representative Council (Dewan Perwakilan Rakyat, or DPR) approved the bill in a plenary session. According to Kompas, 242 lawmakers were present when DPR Chair Puan Maharani confirmed the law’s passage. 

BBC Indonesia reported that all factions supported the bill, despite public opposition and concerns raised by civil society groups.

In a joint statement, WALHI (Wahana Lingkungan Hidup Indonesia) and the Indonesian Centre for Environmental Law (ICEL) condemned the move, describing it as a “serious regression” in legal safeguards for communities and ecosystems.

The environmental watchdogs warned that KUHAP 2025 fails to establish clear mechanisms for prosecuting corporations directly. Under the new code, coercive legal actions such as search, seizure, and detention must be directed through corporate representatives, not the corporate entities themselves.

According to WALHI, this undermines efforts to hold corporations accountable for environmental violations.

The statement also criticises the introduction of restorative justice mechanisms at the investigation stage, and deferred prosecution agreements during prosecution. WALHI warns that these tools may be misused to avoid formal punishment in serious environmental cases.

The group argues that corporate actors may exploit these mechanisms to secure favourable outcomes, especially given their financial and legal resources. They also highlight the complexity of environmental damage, which often requires long-term restoration strategies beyond the scope of short-term agreements.

WALHI added that these procedures lack judicial oversight, raising concerns over transparency. The absence of independent review by prosecutors and courts could weaken legal accountability and allow impunity in environmental crime cases.

Another major issue raised involves the role of civil service investigators (PPNS). WALHI notes that under KUHAP 2025, PPNS cannot act independently in cases involving arrest or detention, and must obtain approval from the Police. This requirement, the group argues, extends discretionary authority to Police investigators and may obstruct progress in environmental cases.

“Control by the Police has long led to delays, excessive bureaucracy, and compromised independence in environmental investigations,” the statement reads.

The law’s implications for environmental defenders have also triggered alarm. WALHI cited over 1,000 incidents of violence or criminalisation targeting environmental and human rights activists over the past ten years. The group notes that KUHAP 2025 does not strengthen judicial checks on detention and arrest, and could perpetuate systemic abuse against land and forest protectors.

WALHI and ICEL are now urging President Prabowo Subianto to issue an emergency regulation in lieu of law (Peraturan Pemerintah Pengganti Undang-Undang, or Perppu) to suspend KUHAP 2025’s implementation.

They argue that without such intervention, Indonesia risks weakening its environmental governance framework, delaying justice for affected communities, and facilitating environmentally harmful practices by corporations.

The passage of KUHAP 2025 comes amid growing tensions between economic development and environmental protection in Indonesia, a country where deforestation, mining, and land disputes have long raised human rights and ecological concerns.