Ikahi Refers to New Criminal Procedure Code: Judge's Arrest Only with Permission from Chief Justice

The Indonesian Judges’ Association (Ikahi) has explained that the arrest and detention of judges who violate the law can only be carried out with the permission of the Chief Justice of the Supreme Court (MA). This was stated by Ikahi Chairman Yanto during a public hearing (RDPU) with the DPR’s Commission III discussing the Judicial Position Bill (RUU Jabatan Hakim), on Tuesday (31/3/2026). “The arrest and detention of judges can only be carried out with the permission of the Chief Justice of the Supreme Court,” Yanto said during the RDPU, quoted from the Youtube broadcast of TVR Parlemen on Thursday (2/4/2026). Therefore, he proposed that three clauses in the Judicial Position Bill regulating the arrest and detention of judges be removed. “The new KUHAP does not regulate exception clauses regarding the requirement for the arrest and detention of judges to be based on the permission of the Chief Justice of the Supreme Court. Therefore, the three exception clauses as in the draft of the Judicial Position Bill must be removed because they contradict the norms in the new KUHAP and violate the principle of judicial independence,” Yanto stated. The special security unit is proposed to be directly under the Supreme Court (MA) and the courts beneath it. “This is very important considering the increasingly complex challenges and potential threats to judicial independence in carrying out their duties,” said the Chairman of the MA Supervisory Chamber. The special security unit is proposed to consist of elements from the police and the Indonesian National Armed Forces (TNI). Previously, the Head of the DPR RI Expertise Agency, Bayu Dwi Anggono, explained that the Judicial Position Bill will regulate eight main points. The first is changing the status of judges from civil servants to state officials. The second is the Supreme Court (MA) conducting independent recruitment of judges, except for supreme judges. The third is consolidating regulations related to judicial positions in four judicial environments. The fourth is expanding the concept of security guarantees not only for judges but also including their family members. “So that it is then more clearly regulated within the framework of a law,” Bayu said during a hearing (RDP) on Wednesday (21/1/2026). The sixth is extending the retirement age for judges, namely first-instance judges (67 years), high court judges (70 years), and supreme judges (75 years). Finally, the appointment of first-instance judges through formation and allocation of needs, education, and determination.