By: Abdul Prasetyo *)
The Draft Criminal Code (RKUHP) will soon be ratified in the near future and has received full support from many parties, ranging from academics, students, politicians, to the general public. They consider that the RKUHP is very influential for all aspects of social, national and state life, including the running of government that is adjusted to the applicable law. The articles that apply in the RKUHP are believed to be able to protect the public from criminals.
The Criminal Code which is currently used by the government is the creation of the Dutch Colonials which was formed in 1800 and began to be applied in Indonesia in 1918. The development of an increasingly rapid era marked by the entry of the digital era requires the government to reform the legal order in force in Indonesia so that it can adapted to current conditions. The government’s steps together with the Indonesian House of Representatives in the formation of the new Criminal Code are in accordance with the era of digital technology and are guided by the values of Pancasila and the 1945 Constitution.
Various parties support the implementation of the ratification of the RKUHP as soon as possible. The Executive Director of the Madani Muslim Network, Syukron Jamal stated that the ratification of the RKUHP would provide a sense of justice to all Indonesian people. The RKUHP is based on the principle of Pancasila which is the state ideology and there is a prohibition against replacing Pancasila with another ideology. This means that community leaders also support the ratification of the RKUHP because it is judged to be based on Pancasila.
Supporting the ratification of the RKUHP, the Central Coordinator of the Student Executive Board (BEM) Nusantara, Ahmad Supardi believes that this is the right time to replace the Dutch Colonial products into national legal products. Ahmad Supardi has also tried to correct the misinterpretation which caused some students to feel dissatisfied. This effort aims to encourage students to participate in supporting the formation of the new Criminal Code.
If there are still articles in the RKUHP that are not in accordance with Pancasila democracy, BEM Nuasntara is willing to be an agent of change who will take a persuasive approach and put forward discussions for further discussion in the legislature as lawmakers.
Professor of the Faculty of Law, Diponegoro University (Undip) Semarang, Benny Riyanto said the new RKUHP was ideal to replace the KUHP from the Dutch colonial era, because this RKUHP has followed a paradigm shift in the teaching of criminal law according to the times, namely from the paradigm of retributive justice (reply to revenge with corporal punishment) becomes a paradigm of justice that includes the principles of corrective justice (for the perpetrator), restorative (for the victim), and rehabilitative (for both).
Benny Riyanto also ensured that during the preparation of the RKUHP, the government had carried out a lot of socialization and absorbed the aspirations of the people from various provinces through discussions and seminars ( meaningful participation ) so as not to cause various interpretations.
In meaningful participation activities there are 3 (three) elements that must be met, namely the right to be heard, the right to get an explanation, and the right to be considered. These three rights have been implemented properly by the government. As a result, the government has agreed to reduce several controversial issues that are considered not beneficial to people’s lives, namely regarding fraudulent advocates and dentists who practice without a permit.
Professor of the Faculty of Law, Sultan Agung Islamic University (Unissula), Prof. Dr. Sri Endah Wahyuningsih conveyed the importance of the DPR and the President to immediately ratify the Criminal Code Bill. He explained that the academics of the Unissula Law Faculty had conducted an in-depth study so that this RKUHP could be ratified immediately. He continued, the ratification of the RKUHP was a great achievement because the new KUHP was not a patchwork of articles like what the Dutch had done but overhauled the old KUHP as a whole.
Commission III of the DPR RI which is in charge of legal issues has currently held an internal meeting regarding the RKUHP. They ensure that the RKUHP can be ratified during this trial. It is known, the current trial period starts from November 1 to December 15, 2022.
Member of the House of Representatives Commission III of the Gerindra faction, Habiburokhman, claimed that the Criminal Code which will be ratified later is much better than the Criminal Code inherited from the Dutch Colonial because the new Criminal Code is the creation of the nation’s children formed from various aspirations of the community, legal experts, to the government who share ideas and input with each other. In addition, Habiburokhman also welcomes if there is still public input regarding the draft RKUHP before it is ratified at the end of the year.
*) The author is a contributor from Persada Institut
