Semarang – Secretary General of the Indonesian Criminal Law and Criminology Society (MAHUPIKI) Dr. Ahmad Sofyan, said the socialization of the New Criminal Code was a positive thing so that people from all walks of life could understand the contents of the New Criminal Code. This is important so that people’s understanding of the New Criminal Code is not separated and understands it as a whole and in depth.
“In addition, the New Criminal Code is democratic because it has received input from various parties including from Indonesian legal experts and has become a product of the nation’s children’s law that has replaced products of the colonial period,” said Secretary General of MAHUPIKI Ahmad Sofyan while attending the socialization of the new Criminal Code which was held by MAHUPIKI and Semarang State University in Semarang, Central Java, Wednesday (1/2/2023).
On the same occasion, Professor at the University of Indonesia, Prof. Harkristuti Harkrisnowo assesses that the New Criminal Code is very democratic and has adapted to Indonesian conditions and Indonesian culture where customary law or Living Law is one of the actual issues in the New Criminal Code.
“The existing customary criminal law (delik adat) is based on empirical research and will become the basis for the formation of regional regulations,” said Prof. Harkristuti.
According to him, it is important to apply customary criminal law through regional regulations in order to strengthen the position of customary criminal law.
“With the affirmation of customary criminal law, these provisions have legal certainty,” emphasized the Professor of Law at the University of Indonesia.
Prof. Harkristuti Harkrisnowo also alluded to obscenity. He explained that obscenity is punishable if it is committed in public, is done with violence or threats of violence, and is published as pornographic content.
“Obscene acts carried out in private/closed spaces, without violence and not for pornographic material, cannot be punished,” said Prof. Harkristuti.
Meanwhile, Professor of the Faculty of Law (FH) UI, Prof. Topo Santoso said that one of the differences between the new or national Criminal Code and the old Criminal Code or Wetboek van Strafrecht (WvS) is that discussions and academic texts have appeared in chapters or books on criminal acts, criminal responsibility, and criminal and sentencing.
Prof. Topo emphasized that in fact this national Criminal Code is a form of renewal or update from the old one by adopting or referring to the WvS Criminal Code and has democratically received input from various parties so that the New Criminal Code truly absorbs people’s aspirations.
“In the national Criminal Code, some are similar to the old Criminal Code, but one of the new ones is the emergence of discussion of criminal acts using intermediary tools that did not exist before,” he said.
At the same event, Professor of Krisnadwipayana University, Prof. Indriyanto Seno Adji explained that in the ratification of the National Criminal Code all had considered and accommodated many inputs from the public, legal practitioners to academics.
“I consider the new national Criminal Code to be very progressive, moderate, neutral and democratic by considering and accommodating input from civil society, legal practitioners and academics. Even the representation of indigenous peoples is a form of meaningful public participation according to the mandate of the law,” said Indriyanto.