DPR III Commission Invites Regional Police Chiefs for Socialisation of New Criminal Code and Criminal Procedure Code to Prevent Cases Like Nabilah O'Brien
The Commission III of the Indonesian House of Representatives (DPR RI), led by Habiburokhman, has stressed the importance of law enforcement officials developing a deep understanding of the spirit behind the new Criminal Code and Criminal Procedure Code to prevent instances of criminalisation such as the case of Nabilah O’Brien, owner of Bibi Kelinci café, who was temporarily named as a suspect for defamation after uploading CCTV footage of a theft. Commission III plans to invite Regional Police Chiefs (Kapolres) for socialisation on the new KUHP and KUHAP.
Habiburokhman highlighted Article 36 of the new KUHP, which upholds the principle of no criminal liability without the presence of intentional elements. According to him, this article is highly relevant in distinguishing between malicious intent and legitimate self-defence or public interest actions.
“In Nabilah’s case, she showed the CCTV footage not to humiliate anyone, but to find the perpetrator because she was the victim of theft. This is protected under both Article 36 and Article 12. We have been thirty years late in creating a new KUHP, and now is the time for adjustment so that cases like this do not happen again,” said Habiburokhman during a hearing session at Commission III, Senayan, Central Jakarta, on Monday, 9 March 2026.
To ensure uniform understanding among investigators, Habiburokhman stated that Commission III of the DPR RI will schedule large-scale socialisation across all Regional Police Departments (Polda) throughout Indonesia. This agenda is planned to commence after the Eid al-Fitr holiday.
During the socialisation, Commission III has requested that all Regional Police Chiefs attend to directly hear the philosophy behind the articles in the new KUHP.
“After Eid, we request all Kapolres to be present. Commission III will directly conduct socialisation because the law is not merely about the wording of its articles, but the spirit behind them. Since we drafted it, we are responsible for ensuring its correct implementation,” said the Gerindra Party politician.
Habiburokhman added that the most significant challenge currently is changing the mindset of law enforcement officials, who have been regarded as overly rigid and punitive in handling cases related to statements or digital information dissemination.
He emphasised that textual interpretation must not overlook a person’s original intent, especially if that person is a victim seeking justice.
“We work together with the National Police to ensure this oversight and understanding reaches lower levels. The goal is singular: there should be no more citizens who have become victims only to end up as suspects because investigators misread the spirit of the law,” he concluded.