MANOKWARI – The government continues to socialize the newly ratified Criminal Code (KUHP). In fact, the Criminal Code will only be effective in 2025, or 3 years from now.
On December 6, 2022 the Criminal Code Bill was approved by the Indonesian Parliament to be passed into law replacing the Dutch derivative Criminal Code which has been in force in Indonesia since 1918.
This was explained by the Professor of Criminal Law at the University of Jember (Unej), Prof. Arief Amrullah as a guest speaker at the socialization of the new Criminal Code at the Swissbel Manokwari Hotel, Wednesday (8/2).
Prof Arief revealed that for more than 100 years the Dutch-made Criminal Code was in force in Indonesia. However, currently, Indonesia already has Law no. 1 of 2023 concerning the Criminal Code. With the ratification on January 2, 2023, the national Criminal Code consists of Book I and Book II, with a total of 624 articles.
“Politically, if Indonesia still uses the Criminal Code, it means that Indonesia is still a Dutch colony. Meanwhile, sociologically, the Criminal Code (WvS) is not based on the context of the Indonesian nation itself,” said Prof. Arief.
The event which was held by the Indonesian Criminal Law and Criminology Society (Mahupiki) was the result of collaboration with the Papua State University (Unipa) and also featured other speakers, namely Professor of Law from Padjadjaran University (Unpad) Bandung, Professor Romli Atmasasmita, and Professor of the Faculty of Law Diponegoro University Semarang, Prof. Dr. Pujiyono SH.M.Hum
Prof. Romli Atmasasmita, virtually, said that the urgency to replace the WvS version of the Criminal Code with the National Criminal Code was an important step because there was a paradigm shift to a retributive paradigm such as Corrective Justice, Restorative Justice, and Rehabilitative Justice. In addition, politically, the law of the WvS Criminal Code does not reflect the nation’s cultural values or the basic philosophy of the State, namely Pancasila.
“The formulation of the National Criminal Code is important because it is an embodiment of a comprehensive reform of the National Criminal Law system by adopting Pancasila values as the nation’s culture,” said Prof. Romli.
Meanwhile, regarding actual issues in the Criminal Code, one of which is customary law or living law, Prof. Pujiono explained, living law is a form of recognition & respect for customary law (delik adat) that is still alive. However, this living law still has limitations, namely based on Pancasila, the 1945 Constitution of the Republic of Indonesia, human rights, and general legal principles that apply in society.
Previously, in his opening remarks, Secretary General of MAHUPIKI Dr. Ahmad Sofyan said that the socialization of the New Criminal Code was designed not only to disseminate to the public but also to have direct dialogue with the drafters of the New Criminal Code.
In line with the Secretary General of Mahupiki, the Chancellor of the University of Papua Dr. Melky Sagrim said that the public needs to know about the New Criminal Code so that people understand what is prohibited or not in the Criminal Code. []
