Avoid Public Misunderstandings, Mahupiki Holds Socialization of the National Criminal Code in Ternate
Ternate — To avoid any misunderstandings that might occur in society, the Indonesian Criminal Law and Criminology Society ( Mahupikik ) held a Socialization of the National Criminal Code in Ternate, North Maluku, on Monday (30/1).
resource person for the activity was Acting Director General of Laws and Regulations of the Ministry of Law and Human Rights Dr. Dhahana Putra., Bc.IP ., SH, M.Sc., Professor of Criminal Law UGM, Prof. Marcus Priyo Gunarto., SH, M.Hum., Chancellor of Khairun University, Dr. M Ridha Ajam ., M.Hum., Head of the FH UI Academic Senate, Dr. Surastini Fitriasih, SH, MH.
In the socialization initiated by Mahupiki , Acting Director General of Laws and Regulations of the Ministry of Law and Human Rights Dr. Dhahana Putra., Bc.IP. , SH, M.Sc., explained that the Criminal Code has a number of missions. Among them , open recodification and also still acknowledge related to other laws that regulate criminal provisions. Apart from that, there is a harmonization mission which is also quite interesting at the moment, as Indonesia has a commitment to human rights.
“The Criminal Code also has a modernization and actualization mission that is up to date. Especially regarding Living Law. So we admit that in article 18 of our constitution, it stipulates that the government recognizes the knots of indigenous peoples, even in the law ,” he explained.
Furthermore, Dhahana Putra added that the mission of democratization in the new Criminal Code is very important for the balance of individual and social morality.
On the same occasion, Professor of Criminal Law UGM, Prof. Marcus Priyo Gunarto., SH, M.Hum., stated that there are characteristics of Indonesian criminal law which are reflected in the new Criminal Code.
“If we look at it in terms of novelty, there are many notes that can be conveyed, from this novelty it is at the same time a differentiator between our national Criminal Code and Wetboek vans Strafrecht ( WvS from the Netherlands). The first is about the recognition of customary law. I would like to add that customary offenses or customary criminal law is actually a characteristic of Indonesian criminal law,” he concluded.
His party also added that customary offenses in the new Criminal Code were integrated into the national legal system. But then it must be poured into Regional Regulations.
“Why Regional Regulations? Because the so-called customary offense only applies to certain areas,” he said.
At the beginning of the event, Chancellor of Khairun University, Dr. M Ridha Ajam ., M.Hum., gave a speech and expressed his view that the Criminal Code Law No. 1 of 2023 is a product of Indonesian law which was compiled by experts who have kept abreast of modern developments.
According to him, the new Criminal Code adheres to a corrective, restorative and rehabilitative system.
“The new Criminal Code is also social defense for the community which can be the defense of society from various crimes,” he said.
Furthermore, he emphasized that with the socialization of the new Criminal Code, it is hoped that the participants’ knowledge will be transformed to the wider community so that people will get good knowledge.
Head of the FH UI Academic Senate, Dr. Surastini Fitriasih, SH, MH, also believes that the advantages of the new Criminal Code as criminal law and a modern punishment system are based on the principle of balance, open and limited recodification of Criminal Law, containing various innovations related to crime and sentencing, corporate criminal responsibility, regulating absolute liability ( Strict Liability ), and surrogate liability ( Vicarious liabilities ).
“Local wisdom needs to have a place to explore traditional values. In addition, the view that prioritizes prison as the most appropriate and dominant punishment in sentencing is no longer appropriate. Therefore, there must be an alternative prison,” he said.
Socialization regarding Law Number 1 of 2023 concerning the National Criminal Code has continued to be intensified since it was promulgated in early January 2023 in a number of campus areas and communities throughout Indonesia.
Not without reason, the article is that in the National Criminal Code there have been many reforms that have occurred when compared to the old Criminal Code made in the Dutch colonial era so it is very important for the public to know at large.
The socialization activity was attended by a number of figures in North Maluku, including Representatives of the Governor of North Maluku (Assistant III of the Governor), Head of the North Maluku High Prosecutor’s Office, North Maluku District Head, North Maluku BNN Head, Head of North Maluku Kemenkumham Regional Office , Danlanal Ternate, and Koramil 152/Babullah.
