Program Background

DT Global supports the implementation of the Australia Indonesia Partnership for Justice Phase 3 (AIPJ3). AIPJ3 is a five-year program funded by the Australian Department of Foreign Affairs and Trade (DFAT) to work in partnership with the Government of Indonesia (GOI) to support advancement of its priority law and justice reforms and contribute to the overall goal of “Strong and accessible justice and security institutions uphold the rule of law and contribute to stability and prosperity in Indonesia and the region”.

AIPJ3 has the following end-of-program outcomes (EOPOs):

• EOPO 1: Justice institutions develop and implement policies, plans, budgets and practices that advance the rule of law and economic development in the priority areas of accountability and transparency, criminal and commercial law reform
• EOPO 2: Justice institutions and partners implement and adapt policies, plans, budgets and practices that contribute to preventing violent extremism and addressing transnational crime
• EOPO 3: Justice institutions develop and implement policies, plans, budgets and practices that advance equal access to justice for women, children and persons with disabilities
• EOPO 4: Government of Indonesia, Government of Australia and non-government organisations deepen partnerships in the justice and security sectors for mutual benefit.

Under the Access to Justice Strategy (EOPO 3), the Ministry of National Development Planning (Bappenas), with support from AIPJ3, is seeking a qualified Subcontractor to undertake a comprehensive analytical study and develop a strategic policy report on optimising relevant provisions of the new Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) and Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana/KUHAP). The assignment will support the national priority program on the Transformation of the Prosecution System (Transformasi Sistem Penuntutan) and contribute to the achievement of the National Medium-Term Development Plan (RPJMN 2025-2029) targets.

About DT Global Asia Pacific

At DT Global Asia Pacific, we aim to positively impact people’s lives through delivery excellence. As a leading implementing partner across Asia and the Pacific, we co-create locally led solutions in partnership with governments, communities, and stakeholders. We bring together talented teams and deep regional expertise to deliver initiatives that promote inclusive economic growth, essential services, and resilient, secure communities. With over 1,500 staff, experts in 22+ countries and more than 60 years of development experience, we tackle complex community, national and transnational challenges — from governance and justice systems to climate resilience, infrastructure and social equity — with innovative thinking and a commitment to long-term impact.

For more information, please see www.dt-global.com

About the Engagement

The primary objective of this service is to produce a comprehensive analytical study and strategic policy report on optimising provisions within the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) to support the national priority program on the Transformation of the Prosecution System (Transformasi Sistem Penuntutan), ensuring full alignment with the targets of the National Medium-Term Development Plan (RPJMN 2025-2029). Specifically, the selected organisation is expected to:

1. Review and evaluate the existing framework of prosecution policies and the legal definition and operational scope of case management/control (pengendalian perkara) within the new KUHP and KUHAP, benchmarking against the priority goals of the RPJMN 2025-2029.
2. Pinpoint and systematically analyse statutory gaps, institutional challenges, procedural vulnerabilities, and regulatory conflicts arising from specific provisions in the new KUHAP and KUHP that may constrain effective case management by Public Prosecutors (e.g., limitations on case file exchanges, removal of authorities to discontinue prosecutions, and witness role determinations).
3. Strengthen the theoretical and conceptual foundations of the principle of functional differentiation (diferensiasi fungsional) vis-a-vis the active role and authority of the Public Prosecutor as the master of the case (dominus litis) across all stages from pre-investigation and investigation to trial and execution.
4. Design strategic blueprints, early intervention formulations, and operational coordination models that optimise new statutory mechanisms (such as voluntary maximum fines for minor offences, peace fines/denda damai, restorative justice mechanisms, and deferred prosecution agreements) to fortify prosecutorial case management.
5. Formulate actionable, evidence-based policy recommendations and a structured implementation roadmap to guide the Prosecution Service (Kejaksaan RI) and the Ministry of National Development Planning/Bappenas in executing prosecution transformation and advancing integrated criminal justice reform.

To access the RFP document, please click on the link or copy paste it to access the full proposal requirements for this procurement: https://tinyurl.com/RFP-KUHP-KUHAP