By: Ayu Sri Mulyadi )*
The House of Representatives has approved the Draft Criminal Code to become law through a plenary meeting which will be held on 6 December 2022. This ratification received appreciation from many parties, including academics.
The ratification of the RKUHP to become the national Criminal Code has gone through a long way. Previously, the Government continued to intensify socialization of the Draft Criminal Code (RKUHP), including collaborating with academics. This is because it will be able to encourage the realization of a legal product or law with a good process by the nation’s children that reflects the values of the Indonesian nation.
Professor of Criminal Law at the University of Indonesia (UI), Harkristuti Harkrisnowo, pushed for the ratification of the National Criminal Code. He said, now is the time for Indonesia to have its own Criminal Code (KUHP) drawn up by the Indonesian people represented by legal experts.
According to Hakristuti, the difference between the Criminal Code and the colonial-era Criminal Code can only be felt by legal experts. Meanwhile, ordinary people only know that the current Criminal Code is only related to articles on defamation of the president, adultery, and others.
Meanwhile, UI Academic, Surastini Fitriasih explained that there had been a reduction in articles in the draft Criminal Code on November 9 2022, from the previous (July 4 2022 draft) totaling 632 Articles now to 627 Articles. He added that Indonesia really needs a national Criminal Code that is in accordance with the values of the Indonesian people.
Previously, Professor of Criminal Law at Gadjah Mada University (UGM), Marcus Priyo Gunarto explained that the principle of balance was a consideration highlighted by the drafters of the national Criminal Code. He conveyed this at a Public Discussion Forum themed “RKUHP Socialization” which was held by the Ministry of Communication and Informatics (Kemkominfo) in partnership with Sebelas Maret University (UNS), Surakarta, Central Java.
Marcus said that the drafters of the national Criminal Code tried to find a balance point between individual interests, community interests and the interests of the state. Second, the point of balance between protection for perpetrators and victims.
Marcus stated that this nation’s struggle to have the Criminal Code as national pride is approaching reality. This is because at this time it is no longer possible to survive using Wetboek van Strafrecht (WvS), whose native language is Dutch.
On the same occasion, support also came from UNS Professor of Criminal Law, Supanto. He stated his support for the ratification of the national Criminal Code so that it does not have various legal translations because the Criminal Code that applies in the original book is still in Dutch.
It is known, this forum which is held in a hybrid manner is expected to be a means to increase public understanding of the urgency of reforming the Criminal Code in Indonesia so that it is more in line with the current dynamics of society. For this reason, the Dean of the UNS Faculty of Law, I Gusti Ayu Ketut Handayani, in her remarks said that the socialization of the RKUHP was very important for the realization of a legal product with a good process . Thus, in the principle of legal legality, the formulation of regulations must be clear and detailed and understandable by the people.
Meanwhile, the Dean of the Faculty of Law, Tadulako University, Palu, Sulbadana, at the RKUHP Socialization activity at Tadulako University, Palu, Central Sulawesi, said that efforts to realize a Criminal Code that is in accordance with the soul of the Indonesian nation based on Pancasila took a long time, namely almost 60 years.
According to him, drafting laws and regulations is not an easy thing. He is worried that if one debate takes too long to produce a good piece of legislation, it will give a bad impression of the intellectual abilities of criminal law experts.
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Director of Political Information and Communication, Law and Security, Directorate General of Information and Public Communication, Ministry of Communication and Informatics (Kominfo), Bambang Gunawan, who also attended the event, said that the government’s efforts to revise and compile a national criminal law recodification system aimed at replacing the old Criminal Code as a product The Dutch East Indies colonial government law needs to be implemented immediately.
Semarang State University (Unnes) Professor, R Benny Riyanto explained that the current Criminal Code in Indonesia is a product of Dutch colonialism, so it does not have national cultural values based on Pancasila. This is an urgency why it is necessary to immediately issue the National Criminal Code in Indonesia.
Benny added that the birth of the National Criminal Code was also a manifestation of reform of the National Criminal Law system as a whole. This is an opportunity to give birth to a comprehensive National Criminal Law system based on the values of Pancasila, national culture, and universal human rights.
)* The author is a contributor to the Nusa Bangsa Institute