By: Agung Priatna)*
The Draft Criminal Code (RKUHP) is designed so that more people are protected from criminal crimes. The RKUHP will also protect people’s freedom of expression and will not threaten democracy.
There may still be people who do not understand that the Criminal Code (KUHP) will soon be revised and they may just find out that this law is a legacy of the Dutch colonial era. The RKUHP is made to suit the lives of Indonesian citizens today. However, there are people who protest the RKUHP on the grounds that it binds freedom.
In the RKUHP Article 256 it is explained that there will be a sentence of 6 months in prison, for anyone who holds a parade, demonstration, or demonstration on a public road without notification to the authorities. People feel that their freedom is being challenged. Even though it is not like that because they have to further explore the meaning of the article.
The RKUHP has never banned demonstrations on public roads because it is part of the people’s democracy. What is prohibited is demonstrations without permission and anarchy. Protests do have to get a permit because they need security and traffic flow control, so as not to harm many road users. Therefore, it is regulated in detail by the RKUHP.
With the regulation by the RKUHP, it is hoped that demonstrations will always be orderly and ask for permission first from the authorities. Most unlicensed and uncoordinated demonstrations will end in chaos, and may even be infiltrated by provocateurs and anarcho. This situation is certainly terrible because it can trigger riots and losses, because there is the potential for damage to public facilities and looting.
In 2021 there was an illegal demonstration in Madura and the demonstrators ruthlessly chased an ambulance away. Even though the ambulance brought the patient in a state of urgency and had to move immediately. The RKUHP will prevent negative events like this and bring order to the situation on the streets, as well as keep the situation conducive.
Another article in the RKUHP which is considered binding on freedom by some people is the article regarding violations of customary law. Even though many people already know that in some areas the customary law is still strong, such as in Bali and Papua. If in the past, customary violations were only given social sanctions or punishments according to the instructions of traditional elders, now they can be punished.
People’s freedom will not be deprived if they obey customary law, because good Indonesian citizens must also obey customary law in various regions. For example, when they enter a traditional house or certain tourist attractions, they cannot wear revealing clothes because they are required to maintain decency. Don’t be angry if you are reprimanded or asked to put on a cloth to make your clothes more covered.
It is not true that the RKUHP is anti-freedom because Indonesia is an eastern country that upholds the norms of decency. Do not let many people become liberal and violate moral values in this country. The RKUHP maintains eastern customs and does not limit freedom, but instead arranges for more people to maintain good manners.
Then, in the RKUHP there is an article regarding the prohibition of making loud noises and disturbing neighbors at night. If there is a violation, the fine is 10 million rupiah. Many people are surprised by this article, especially when they see the nominal fine.
The article prohibiting loud noises at night does not prohibit people from holding weddings or other events. It’s just that this article was made so that many people are more orderly in making crowd events. Don’t let anyone be disturbed because of the music and sound at the event, then get emotional and there will be a fierce fight.
People are obliged to understand that in life, neighbors cannot go their own way and make a fuss and ignore many people. It could be that there are neighbors who have babies, toddlers, or the elderly, who immediately cry, are in shock, and even recur.
In the RKUHP there is also an article that strongly opposes living together and this is not a form of binding freedom, because adultery is also prohibited by religious law. Indonesia is a democratic country, not a liberal country. The RKUHP will maintain public morals and eradicate adultery in this country.
The articles in the RKUHP are specially designed by renowned professors and legal experts in Indonesia. All articles are made so that the public is protected from various criminal crimes. The RKUHP does not bind people’s freedoms because the regulations are made so that more people are orderly and do not commit immoral acts.
RKUHP never binds people’s freedom. The articles in the RKUHP are made so that life runs in a more orderly manner. Without adultery, living together , noise due to disturbing neighbors’ events, and violations of customary law. The public understands that the RKUHP will make Indonesia a better and orderly country.
)* The author is a contributor to Pertiwi Institute
