Padang – The Indonesian Criminal Law and Criminology Society (Mahupiki) in collaboration with the Law Faculty of Andalas University (FH Unand) Padang held a socialization of the new Criminal Code at the Santika Premier Hotel Padang, West Sumatra, Wednesday (11/1).
This socialization activity presented Professor of the Law Faculty of Semarang State University, Prof. Dr. R Benny Riyanto SH MH CN, Professor of Criminal Law at the University of Indonesia (UI), Prof. Harkristuti Harkrisnowo, Law Expert at Trisakti University Yenti Garnasih and as other sources. While the participants who attended came from Forkominda elements, academics, legal practitioners, law enforcers, Toga, Tomas, students and other community elements.
Secretary General of Mahupiki, Dr. Ahmad Sofian said that today’s socialization activities aim to disseminate and publish them to the public, as a means of imparting knowledge to various stake holders and in collaboration with a number of State Universities (PTN).
“The socialization aims to disseminate and publish it to the public, as a means of imparting knowledge to various stake holders and in collaboration with a number of State Universities (PTN),” said Dr. Ahmad.
The Chancellor of Unand Padang, Yuliandri said that to understand and answer the question why the Criminal Code is needed, socialization is needed. There are three basic essences, including realizing the National Law which is based on the philosophy of Pancasila, how to adjust to national political conditions, and the balance of justice in criminal law. There are 3 important points in adjusting the Criminal Code, namely the need for adjustments to the conditions of the times, regulation of criminal law to anticipate cultural developments, and legal certainty.
“To understand and answer the question why the Criminal Code is needed, socialization is needed. There are 3 important points in adjusting the Criminal Code, namely the need for adjustments to the conditions of the times, regulation of criminal law to anticipate cultural developments, and legal certainty.” Yuliandri said
Professor of the Faculty of Law, Semarang State University, Prof. Dr. R. Benny Riyanto SH, MH, CN said that the Criminal Code that applies in Indonesia comes from the Netherlands and has the original name Wetboek van Strafrecht voor Nederlansch Indie (WvS) which was adopted into national law through Law Number 1 of 1946 concerning Criminal Law Regulations. Wvs there is no official translation yet, still in Dutch. Thus giving rise to various translations that have the potential for multiple interpretations.
“The Criminal Code from the Netherlands has the original name Wetboek van Strafrecht voor Nederlansch Indie (WvS) which was adopted into national law. Wvs still use Dutch. So that it raises various translations that have the potential for multiple interpretations, “said prof. Benny.
Efforts to reform the Criminal Code began in 1958 which was marked by the establishment of the National Legal Development Institute (LPHN). In 1963 the First National Law Seminar was held which resulted in various resolutions including formulating the National Criminal Code. In 1964, drafts of Book I began to be drafted, so far there have been 25 drafts.
“The reform of the Criminal Code began in 1958 marked by the establishment of the National Law Development Institute (LPHN). Also in 1963 a Seminar on National Law I was held which resulted in various resolutions including formulating the National Criminal Code and in 1964 a draft of Book I began to be drafted so far there have been 25 drafts,” he added.
Prof. Benny added that on September 18 2019, the draft Criminal Code Bill was actually ready for discussion and approval. However, because President Jokowi realized that there was a need for a delay in plenary determination because several issues needed to be resolved, namely related to 14 crucial issues. The government is also continuing the discussion to carry out two steps to receive input from stakeholders and civil society including legal practitioners.
“The Draft Criminal Code Bill is actually ready to be discussed and approved. However, because the president realized that there was a need for a delay in plenary determination because several issues needed to be resolved, namely related to 14 crucial issues, “concluded Prof. Benny.
Professor of Criminal Law at the University of Indonesia (UI), Prof. Harkristuti Harkrisnowo who is also a member of the drafting team for the new Criminal Code, said that there was a wrong perception from the public with the recognition of the basic law that there was a deviation from the principle of legality. This is completely untrue because living laws are provisions that have been discovered scientifically.
“There is a misperception from the public with the basic legal recognition that there is a deviation from the principle of legality. This is not true because living laws are provisions that have been discovered scientifically,” he said.
He added that abortion was regulated in 346 – 349 which was a crime from the Dutch era. Abortion is permitted with the exception of medical emergency indications or the woman is a victim of rape or sexual violence which results in a pregnancy with a gestational age of no more than 14 weeks. We received a recommendation from an Islamic organization regarding the provision for an abortion of no more than 14 weeks.
“Abortion is allowed with the exception of medical emergency indications or women who are victims of rape or sexual violence resulting in pregnancy with a gestational age of no more than 14 weeks. We received recommendations from Islamic organizations regarding provisions for abortions no longer than 14 weeks,” said prof. Harkristuti.
Meanwhile for attacking the dignity of the president, according to Prof. Harkristuti that respect for others is a reflection of social values and sublimates respect for others. There are two articles that have been combined, several articles have been dropped in the Criminal Code. The criminal sanction is not more than 5 years, not all of them are also imprisoned.
“To attack the dignity of the president, respect others as a reflection of social values and sublimate respect for others. There are two articles that have been combined, several articles have been dropped in the Criminal Code. The criminal sanction is not more than 5 years, not all of them are also imprisoned. This refutes the notion that all will be jailed,” he said.
Trisakti University Law Expert who is also Chairman of Mahupiki, Dr. Yenti Garnasih said there are many advantages to the new Criminal Code, although there are still objections such as the presumption of overcriminalization. There needs to be decolonization by breaking through these new articles in the Criminal Code. The advantages of the Criminal Code as a criminal law and a modern punishment system are 17 points, including starting from the principle of balance, open and limited recodification of Criminal Law as well as Objectives and Guidelines for Punishment.
“There are many advantages to the new Criminal Code, although there are still objections such as the presumption of overcriminalization. There are several points of excellence of the Criminal Code as criminal law and a modern punishment system, including the principle of balance, an open and limited recodification of Criminal Law as well as Objectives and Guidelines for Punishment,” said Dr. Yenti.
Added by Dr. Yenti that the determination of criminal sanctions using the Modified Delphi Method is a process carried out in groups to survey and gather opinions from experts regarding the determination of the maximum sentence for each crime. There is the possibility of automatic individual influence is eliminated. This method can be used to evaluate the distribution of opinions from experts or agreed points.
“Determining the Modified Delphi Method criminal sanctions is a process carried out in groups to survey and collect opinions from experts regarding the determination of the maximum sentence for each crime. This method can be used to evaluate the distribution of opinions from experts or points that have been agreed upon,” he said.
