MAHUPIKI and Legal Experts Respond Positively to the Socialization of the New Criminal Code in West Sumatra

Padang – The Criminal Law and Criminology Society (Mahupiki) together with legal experts positively welcomed the socialization of the new Criminal Code which was carried out in West Sumatra. A number of community elements in West Sumatra were present at the socialization of the Criminal Code which was held in collaboration with Mahupiki and Andalas University, West Sumatra.
Chairperson of Mahupiki Yenti Garnasih welcomed the government’s efforts in socializing the New Criminal Code to all levels of society throughout Indonesia.

It is hoped that this activity will provide an understanding to the public about the legal regulations that were just passed by the DPR on Tuesday (06/12/2022) and have been legitimized in Law number 1 of 2023 concerning the Criminal Code, said Yenti Garnasih in the Socialization of the Criminal Code at Hotel Santika Premiere Padang West Sumatra Wednesday (11/1/2023).

The government’s socialization efforts are to create certainty in the criminal law contained in the new Criminal Code. It is also intended that by the time it comes into force in the next 3 years, the Indonesian people will be able to know and understand the content and intent of the newly ratified Criminal Code.

The woman who also serves as Chairperson of the Central Board of the Criminal Law and Criminology Society (MAHUPIKI) Yenti added that the socialization of the New Criminal Code is an important thing and absolutely needs to be done to people in all regions. In addition, the new Criminal Code that has been ratified is concrete evidence that the government has created legal certainty in criminal law.

Yenti Garnasih stated that there are 17 advantages of the New Criminal Code, starting from the principle of balance, open and limited criminal law recodification, purposes of sentencing, sentencing guidelines, 11 considerations for judges before imposing a sentence, and determination of criminal sanctions using the modified Delphi method, pardon by the judge. Judges (Judicial Pardon) to regulate alternatives to imprisonment in the form of fines, supervision sentences, and social work sentences.

According to Yenti, the three-year adaptation period is a consequence of forming global laws. During the three-year gap, outreach will be carried out to law enforcement officials, academics and the public.

The same thing was conveyed by Professor of Semarang State University Prof. Benny Riyanto, according to him the socialization of the new Criminal Code is one of the keys so that people do not misinterpret the contents of the Criminal Code which has been passed by the Indonesian Parliament. This socialization of the new Criminal Code is very important as a legacy for the nation and society to understand it comprehensively

Prof. Benny Riyanto added that the new Criminal Code currently owned by Indonesia is a more modern penal law and reflects the original values ​​of the Indonesian nation.

According to Prof. Benny, one of the crucial things and the importance of socializing the Criminal Code is a change in legal paradigm. There is a paradigm shift that is rehabilitative and restorative.

The government has held discussions and coordinated with relevant Ministries/Institutions, professional organizations, academics, practitioners, experts, and community elements in discussing the substance and material regulated in the new Criminal Code, said Prof. Benny.

According to Prof Benny, the new Criminal Code has 4 arguments, including: first, there has been a paradigm shift, from the paradigm of Retributive justice (revenge with corporal punishment), to Corrective Justice (for perpetrators), Restorative Justice (for Victims), Rehabilitative Justice (for perpetrators and victims), secondly, the mandate is in accordance with TAP MPR II/MPR/1993 concerning GBHN, Law 17 of 2007 concerning RPJPN, thirdly, politically the Criminal Code Law (WvS) does not reflect the nation’s cultural values ​​or the basic philosophy of the State, namely Pancasila, and fourth, is the embodiment of the Reform of the National Criminal Law system as a whole based on: The values ​​of Pancasila, the Culture of the Nation and universal human rights.

Another source, Professor of Criminal Law at UI Prof. .

There was a debate about that article on adultery and cohabitation. So, we bridge the liberal and religious groups. In that article, a raid is carried out if there is a complaint against a legal partner. This is to limit so that not everyone makes complaints, said Prof. Harkristuti

The penalty for the crime of adultery is 1 year in prison or a fine. Category II (max 10 million). As for the crime of cohabitation, the criminal sanction is 6 months in prison or a Category II fine (max 10 million), said the Professor of Criminal Law at the UI.