Febrie Adriansyah Not Yet Detained, Yusril: New Criminal Procedure Code Does Not Mandate Detention

Jakarta, VIVA – Coordinating Minister for Legal Affairs, Human Rights, Immigration and Corrections (Menkum Imipas) Yusril Ihza Mahendra has explained that the new Criminal Procedure Code (KUHAP) is the reason former Attorney for Special Crimes Febrie Adriansyah has not yet been detained.

He added that under the new KUHAP, detention is no longer an automatic step taken against every suspect.

According to him, investigators must have strong reasons, such as concern that the suspect might flee, destroy evidence, or repeat the criminal act.

“If someone is detained, it is for particular reasons: first, concern that they will flee; second, destroying evidence; third, concern that they will repeat the crime,” Yusril told journalists at the Presidential Palace complex in Jakarta, quoted on Tuesday, 21 July 2026.

Yusril also emphasised that the new KUHAP provides greater protection for human rights. Every decision by investigators, including detention, can now be tested through the pre-trial mechanism.

“Under the new KUHAP, every investigator decision can be challenged in court. It is different from before. So even if someone is detained, it can be contested in pre-trial proceedings,” he said.

He assessed that the change is a positive step in Indonesia’s criminal justice system, because detention is now applied more selectively and is no longer an automatic action taken against every suspect.

“This new KUHAP is somewhat soft, upholding human rights values to a greater degree, and because of that investigators do not detain people arbitrarily. I think this is a positive step after the KUHAP came into force,” said Yusril.

“So, regarding every detention step — in the past, if you were detained, that was it, you gave up; now, if you are detained, you can fight it in pre-trial proceedings. So I think this is a positive step after the KUHAP came into force,” he continued.

He revealed that the decision to detain or not detain Febrie Adriansyah is entirely the authority of the investigators. According to him, the fact that Febrie has not been detained does not mean the legal process has stalled. He affirmed that the investigation is still ongoing and that a decision on detention can be taken at any time if deemed necessary.

“Whether he is detained or not is the investigators’ consideration. As things develop, the investigators might then decide that Mr Febrie must be detained. So be patient; developments come step by step,” Yusril said.