Padang – Trisakti University Crime Expert Yenti Garnasih revealed, the new Criminal Code adheres to the values of the Indonesian nation and is an attempt to form decolonization of Dutch legal products.
This was conveyed at a socialization event for the new Criminal Code held by the Indonesian Criminal Law and Criminology Society (MAHUPIKI) in Padang, on Wednesday (11/1/2023).
In the new Criminal Code, there have been several reforms and it has also embraced universal values, which have always existed until now. But there are things that are not in accordance with the updated Indonesian values.
“There are several advantages of the National Criminal Code because it is formed by the nation’s children, all community stakeholders also play a role in it,” Yenti added.
Furthermore, Yenti explained that the new Criminal Code adheres to the principle of balance. Because, criminal law must have protection for the state and individuals, besides that there is also protection for victims so that perpetrators reach society in general.
Another guest speaker, Professor of Semarang State University Prof. Dr. R Benny Riyanto, SH, M.Hum., revealed that the old Dutch Criminal Code existed more than 100 years ago, but until now there has been no official translation, so there are many translations that have the potential to cause multiple interpretations.
Prof. Benny also explained that the new Criminal Code has accommodated various aspirations.
“The government has accommodated all input from stakeholders, from related ministries and institutions to the participation of all Indonesian people, including academics.” he said
Not only that, but the new Criminal Code has also conducted a public hearing which has been carried out according to the rules, namely meaningful participation, namely the right to be heard, the right to receive an explanation and the right to be considered.
On the same occasion, FHUI Academic Prof. Harkristuti Harkrisnowo explained a number of advantages of the new Criminal Code, one of which is the living law concept.
“The existence of Living Law in the National Criminal Code is a tribute to the customary law community,” he said.
Apart from that, Prof. Harkristuti also explained the intent of the article on attacking the dignity of the president. In this case, humiliation is actually a disgraceful thing, because since childhood people have always been taught to respect each other.
“This article strongly adopts the noble values of the Indonesian nation. In addition, this has the status of a complaint offense. We emphasize that these articles in no way limit freedom of expression as long as you don’t harm other people,” he said