The Urgency of Regulating Illegally Obtained Evidence (the Exclusionary Rule) in the Indonesian Criminal Justice System: A Perspective on Harmonizing the New Criminal Code and Criminal Procedure Code

Abstract

Criminal law enforcement aims to achieve legal certainty, justice, and the protection of human rights through the criminal justice system. However, the practice of using illegally obtained evidence such as evidence secured through torture, intimidation, or procedural violations persists, even though the Criminal Procedure Code (KUHAP) mandates that evidence be obtained lawfully. This study aims to foster the transformation of Indonesia’s criminal justice system into one that is modern, civilized, and dignified a system where the truth is sought not through illicit means, but through transparent and accountable processes. The study employs a normative juridical research method, analyzing the law as a system of norms. The findings lead to the following conclusions: (1) The regulation of "exclusionary rules" within Indonesia’s criminal evidentiary system fails to provide legal certainty regarding illegally obtained evidence. Consequently, a revision of the KUHAP is required to explicitly regulate the application of exclusionary rules, thereby ensuring legal certainty, justice, and the protection of human rights. (2) The exclusionary rule principle aims to bar the use of illegally obtained evidence in order to protect human rights and guarantee a fair trial. Therefore, explicitly incorporating the exclusionary rule into the KUHAP is an urgent necessity to ensure legal certainty, justice, the integrity of law enforcement, and the protection of human rights.