Padang – The Indonesian Criminal Law and Criminology Society (MAHUPIKI) held a socialization of the Criminal Code (KUHP) in Padang City, West Sumatra. This is done to fill the transitional period of the national Criminal Code which came into effect three years after its ratification.
In this socialization, Professor of the Faculty of Law, Semarang State University, Prof. Dr. R Benny Riyanto SH MH, Academician of FHUI, Prof. Dr. Harkrestuti Harkresnowo SH MA and Members of the Draft Criminal Code Drafting Team who are also Chairman of the Mahupiki Central Executive Board, Dr. Yenty Ganarsih SH MH.
Professor of the Faculty of Law, Semarang State University, Prof. Dr. R Benny Riyanto SH MH CN said that the Criminal Code is our legacy or a cross-generational product. Because of that, it is hoped that Together we can properly socialize this new Criminal Code.
According to him, outreach to the community is important during this three-year transitional period. However, Benny said the process was not easy, because it required hard work from law enforcers and lecturers, especially those who teach criminal law.
“The Criminal Code has indeed been ratified, but the Criminal Code itself has a transitional process or transitional rules. So, this transition period must be lived in advance for approximately three years, “explained Benny.
Prof. Benny explained that the Criminal Code that applies in Indonesia comes from the Netherlands and has the original name Wetboek van Strafrecht voor Nederlansch Indie (WvS) and was adopted into national law through Law Number 1 of 1946 concerning Criminal Law Regulations. Even this WvS has no official translation yet, giving rise to multiple interpretations. Efforts to reform the Criminal Code began in 1958 which was marked by the establishment of the National Legal Development Institute (LPHN). In 1963 the First National Law Seminar was held which resulted in various resolutions including formulating the National Criminal Code.
“Politically, the Criminal Code (WvS) does not reflect the nation’s cultural values or the basic philosophy of the State, namely Pancasila,” said Prof. Benny.
Meanwhile, the National Criminal Code is an embodiment of the Reform of the National Criminal Law system as a whole based on: The values of Pancasila, the Nation’s Culture and universal human rights.
Prof. Benny also emphasized that it is not true that the National Criminal Code regulates too many actions to become a crime or overcriminalization, because Book II of the National Criminal Code only has 423 articles, while Books II and III of the Criminal Code (WvS) have 465 articles.
On the same occasion, FHUI Academic, Prof. Dr. Harkrestuti Harkresnowo SH MA said there were a number of novelties from the new Criminal Code, one of which was related to Living Law.
“Living Law is a form of recognition & respect for customary law (delik adat) which is still alive, but is limited by Pancasila, the 1945 Constitution of the Republic of Indonesia, human rights, and general legal principles that apply in the community of nations.
Apart from that, the adultery article, of course, aims to respect Indonesian values and the Marriage Institution as referred to in Law no. 1 of 1974, while still protecting the private space of society. The protection of public private space is carried out by regulating it as an absolute complaint offense, meaning that there is no legal process without a legitimate complaint from those who have the right to complain because they are directly harmed, namely husbands or wives for those who are bound by marriage and parents or children for those who not bound by marriage.
Prof. Harkristuti said that the Criminal Code has only been in force for three years since it was promulgated, namely in 2025.
“I hope that all parties will contribute in helping socialize the new Criminal Code in the form of training and others,” he said.
Meanwhile, Member of the Draft Criminal Code Drafting Team who is also the General Chairperson of the Executive Board of the Criminal Law and Criminology Center (MAHUPIKI) Dr. The transition period will be filled with socialization processes to various parties, including the community.
According to Yenti, the three-year engagement period or adaptation period is a consequence of the formation of laws that are global in nature. During the three-year gap, outreach will be carried out to law enforcement officials, academics and the public.
Also present at the socialization event were the Prosecutor’s Office for West Sumatra, West Sumatra District Head, Head of the West Sumatra High Religious Court, Chancellor of Andalas University, Chancellor of Taman Siswa University, Expert Staff for the Governor of West Sumatra, PWNU, elements of Muspida and Forkominda elements as well as students.
In his opening remarks, the Chancellor of Andalas University, Prof. Yuliandri, said that the existence of the new Criminal Code marked the history of Indonesia’s transformation of the national criminal law. Law No. 1 of 2023 needs to be enacted because it has to realize a Criminal Law which is based on the values of Pancasila and the 1945 Constitution. []
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