Protecting Citizens' Constitutional Rights in the Revision of the Criminal Procedure Code

A Normative Legal Analysis of Due Process

Abstract

This study aims to analyze the protection of citizens’ constitutional rights in the revision of the Criminal Procedure Code (KUHAP) within the framework of the rule of law, focusing on issues such as the designation of suspects, detention, the right to legal counsel (Article 54 KUHAP), the scope of pretrial mechanisms (Article 77 KUHAP), the absence of the exclusionary rule, surveillance practices, and the lack of clear time limits for investigation. This research employs a normative legal method using statutory, conceptual, and case-based approaches, supported by legal materials analyzed qualitatively through descriptive-analytical and argumentative methods. The findings indicate that although constitutional rights are formally guaranteed, significant deficiencies remain in the normative design, including unclear evidentiary standards, broad discretionary powers, the absence of mandatory legal assistance at the early stages, limited pretrial review, weak regulation of surveillance, and the lack of definite investigative time limits. These conditions reflect the dominance of the crime control model, which undermines procedural safeguards and the protection of individual rights. Theoretically, this study contributes to the development of the concept of constitutional criminal procedure by positioning constitutional rights protection as the foundational principle in the reconstruction of criminal procedural law.