By: Kurnia Password )*
The RKUHP (Draft of the Criminal Code) will soon be ratified and fully supported by various parties. They want the new version of the Criminal Code to be promulgated immediately, so that people are free from all kinds of criminal crimes.
Indonesia is a state of law and has various laws. The existence of the Criminal Code (KUHP) is a ledger as a reference for criminal law in this country. Unfortunately, not many people know that the Criminal Code is a law inherited from the Dutch in the colonial era 100 years ago, so it is no longer relevant.
Therefore, the government made the RKUHP which will be ratified into a new version of the Criminal Code, so that it will improve the rules of criminal law in Indonesia. The community supports the RKUHP so that people’s lives are better and not exposed to crime.
Ranto Simanjuntak, Chairman of the DPP of the Indonesian Advocates Association, expressed his support for the ratification of the RKUHP. According to him, the Indonesian House of Representatives must immediately formalize the RKUHP into the Criminal Code. The reason is because this bill will suppress criminal acts in society.
In a sense, the RKUHP will prevent various crimes in society. For example in the case of cheating. The sentence that awaits the suspect in this case is 12 years in prison. If there is a punishment as severe as this, it will prevent people from committing such immoral acts.
There are many other types of criminal acts in society and will be carried out by the RKUHP. Criminal acts are mandatory so that the lives of citizens are much better. Peace will also be created, because everyone is not afraid of being exposed to crimes, because it is protected by the RKUHP.
Ranto continued, the RKUHP must be ratified immediately because it follows the life of an all-digital society. In a sense, we have entered the era of information technology and the RKUHP, which will become the new version of the Criminal Code, will prevent various crimes in cyberspace.
In the RKUHP Articles 437 and 443 it is explained that the prohibition of defamation and insults in cyberspace, and the perpetrators are threatened with a sentence of 9 months in prison. These articles are very important because nowadays the internet has become a ‘war’ arena, where bullying and insulting other people is considered something normal. This is an immoral act and cannot be tolerated.
Defamation and insults in cyberspace are usually rife in the run-up to the election. The government is trying hard to prevent black campaigns from happening, both in the real world and in cyberspace. Therefore, the RKUHP is strictly regulated.
Meanwhile, religious leader Father Antonius Benny fully supports the ratification of the RKUHP according to the possibility. I was surprised because the old version of the Criminal Code was not based on Pancasila, because it was made during the Dutch colonial period. If the old Criminal Code is used, it will be used by the people, as it was in the pre-independence era.
Prevention must be done so that a law regulates the benefit of the people, not to oppress the common people. Therefore the RKUHP must be promulgated, so that the old version of the Criminal Code is revised and in accordance with all Indonesian citizens.
Father Benny added that he supports the RKUHP because there is a prohibition article related to state symbols. According to him, insulting the symbol of the state is the same as insulting the state and nation of Indonesia.
The state prohibition is very valuable for symbols such as the President, Vice President, and members of the Indonesian House of Representatives is very reasonable because they are very natural and should not be ridiculed as bad as possible. In addition to violating state law, this violation also violates state law. there is a Prophet praying ‘say good or be silent?’ Do not say bad and insulting people that he saw for himself.
Syukron Jamal, Executive Director of JMM, stated that the ratification of the RKUHP is important, because the current Criminal Code does not keep up with the times. Nor has it accommodated customary law in Indonesia.
In the RKUHP there is an article regarding living law, aka customary law, which applies and if someone violates it, they will receive the appropriate punishment. Customary law in the RKUHP is a country with a wealth of customs, and there are still many people who uphold the customs of their respective regions. The inclusion of customary law in the RKUHP is strongly supported by indigenous peoples in Indonesia.
Customary law need not be feared because it will keep problems in an area and minimize disclosure. For example, when there is a traditional house, the visitors must adjust themselves, by dressing politely and with good behavior. Customary law will protect traditional culture and wealth in Indonesia.
Various parties fully support the ratification of the RKUHP into a new version of the Criminal Code. They agreed that the RKUHP be promulgated immediately, because it will regulate criminal law in Indonesia, and follow the dynamics of society living in the era of information technology. The RKUHP is not a shackle, but a way for the Indonesian people to live a more frightening life.
)* The author is a contributor to Persada Institute
