Ternate – Socialization of the Criminal Code held by Mahukupi cooperate with the community academics attended the Sahid Bela Hotel, Ternate City, North Maluku on Monday (30/1/2023). This activity is the fourth time it has been held after Medan, Padang and Pontianak.
In his remarks, the Secretary General of Mahupiki , Ahmad Sofyan said Mahupiki and the Faculty of Law at Khairun University held a socialization which aims not only to inform that we have a new Criminal Code, but also to dialogue with the Criminal Code so that the public can simply understand it.
“Many aspects will be discussed later at this event, as a means to provide knowledge for stakeholders . Stakeholders can ask interviewees directly instead of asking through the mass media or social media, for fear that the answer will not be correct,” he said while giving a speech at the Socialization of the Criminal Code at the Sahid Bela Hotel, Monday (30/1/2023).
Chancellor of Khairun University , Dr. M. Ridha Ajam , M.Hum said that this outreach took place offline and online and was attended by Forkopimda in North Maluku. This activity was carried out to provide knowledge to participants regarding the presence of the new Criminal Code.
“The New Criminal Code is a matter of pride for the Indonesian legal community, considering that the New Criminal Code is the masterpiece of the nation’s children. The Criminal Code was made and compiled by experts and experts in Indonesia who have followed developments in law in the world,” said Dr. M. Ridha Ajam .
Acting Director General of Legislation Ministry of Law and Human Rights , Dhahana Putra, Bc . IP said that the long journey of forming the Criminal Code has become something meaningful for us. For quite a long time Indonesia was colonized by the Dutch, since then Indonesia has used WvS from the Netherlands. In fact, it did adopt the Criminal Code from France, because the Netherlands had also been colonized by France. Then it was adopted by the Dutch and spread in various colonial countries.
“The desire to change the Criminal Code has been carried out since 1958 since the existence of the LPHN. During the 7 Presidents and 7 Governments during the struggle to change the Criminal Code. There was a negative statement that the RKUHP was passed in a hurry and there was no socialization even though it had been discussed for a long time since 1963. All articles have their studies, but we understand the development of information that needs to be studied,” said Dhahana Putra.
to him, the Criminal Code of Dutch heritage uses an approach in which all actions are deemed criminal, resulting in over capacity in prisons and out of tune with the social situation. This is also a problem because each institution adheres to different rules, so it requires a legal product that adopts restorative justice .
“There are several missions of the Criminal Code, namely recodification , harmonization, modernization, actualization and modernization. Changing the paradigm of punishment will reduce over – capacity in prisons through coaching or social work approaches and fines, not just criminal punishment,” he said.
On the same occasion, UGM Professor of Criminal Law, Prof. Dr. Marcus Priyo Gunarto, SH, M.Hum , said that in terms of novelty, there are many notes that can be conveyed. This novelty distinguishes between the national Criminal Code and WvS . The recognition of customary law, customary offenses is a characteristic of Indonesian criminal law.
“Customary offenses have been recognized by the state since independence. The problem is integrating into the national criminal law. Customary law is also a cultural pinnacle that must be recognized if we are consistent with Unity in Diversity,” said Prof. Marcus Priyo.
According to him, so far the attempted violation has not been punished. In the new Criminal Code that the attempt is only punishable by a fine of category two out of eight categories of fines. The prominence of justice above legal certainty. This principle lives on in unwritten judicial doctrine and practice.
“If there is a conflict between justice and legal certainty, then justice must be prioritized. Every citizen has the right to obtain fair legal certainty. The principle is not legal certainty according to law but legal certainty according to justice. Other criminal legislation must refer to the first book of the Criminal Code,” he said.
In his presentation, the Head of the FH UI Academic Senate, Dr. Surastini Fitriasih, SH, MH, conveyed the advantages of the new Criminal Code as criminal law and a modern punishment system, namely starting from the principle of balance, open and limited recodification of Criminal Law, containing various innovations related to crime and sentencing, corporate criminal responsibility, regulating absolute accountability ( Strict Liability ), and surrogate liability ( Vicarious liabilities ).
“In the new Criminal Code there is a strategy, namely an alternative to imprisonment which is a way of carrying out imprisonment or strafmodus . This is also an alternative to “Short Prison Sentences” which are considered to have no effectiveness. The forms of legal sanctions are criminal supervision, criminal fines and criminal social work,” he concluded.
