By: Alfisyah Dianasari )*
The ratification of the National Criminal Code is an effort by the Government of Indonesia to be able to create a legal system in Indonesia that is much better than before, because it is able to deal with various kinds of problems including the many interpretations that are not uniform.
Law No. 1 of 2023 concerning the Criminal Code has accommodated all the aspirations of the Indonesian people so that this can be called a product of the Indonesian nation. The community also positively responds to the government’s efforts in socializing the New Criminal Code to all levels of society throughout Indonesia, in order to provide an understanding to the public about the legal rules that were just passed by the DPR on 6 December 2022. It should be noted that the reason is that the National Criminal Code only came into effect three years after it was promulgated.
So far, with the ratification of the National Criminal Code (KUHP) which was passed by the People’s Representative Council of the Republic of Indonesia (DPR RI) as a replacement for the enforcement of the old Criminal Code which was a product of the Dutch colonial era more than 100 years ago, there have been several renewal in the legal system made by the nation’s children.
Professor of Criminal Law at the Faculty of Law (FH) at the University of Indonesia (UI), Prof. Harkristusi Harkrisnowo revealed that there was a misperception from the community with the recognition of customary law, namely the assumption that there was a deviation from the principle of legality. However, this is completely untrue because living laws are provisions that have been discovered scientifically.
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.
The drafting team for the Criminal Code also bridges all interests such as adultery and cohabitation because there is still debate about that article. In that article, a raid is carried out if there is a complaint against a legal partner.
This is to limit so that not everyone makes complaints, where the purpose of the article on adultery and cohabitation is 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.
Previously, the FH UI Professor also explained that the existence of a legal system that is purely a product of the nation’s children is very important.
Prof. Harkristuti also explained about the article on insulting the President (Article 218) and insulting the government or state institutions (Article 240), where the article does not limit freedom of expression and opinion, because in the elucidation of the article it has been stated that criticism, demonstrations and different opinions cannot be punished. .
Criticism is a form of supervision, correction, and advice on matters relating to the interests of society, while contempt is insulting, slandering, and slandering the person or image/respect of another party.
Trisakti University Faculty of Law (FH) lecturer, Yenti Ganarsih explained the many advantages of the Criminal Code. According to him, there are several articles that still exist, but there are new articles that adapt to Indonesia’s current conditions. That is one of the advantages of the new Criminal Code. The new Criminal Code is a force for the transformation of criminal law and law enforcement in Indonesia.
How could it not be, the article has been regulated in much more detail and also contains objectives so that sentencing guidelines are much clearer than the old Criminal Code. Of course, it is very possible that the National Criminal Code in law enforcement will be much more just.
Yenti also explained that punishment aims to prevent criminal acts from being committed by upholding legal norms for the protection and protection of society; socialize the convict by providing coaching and mentoring so that they become good and useful people; resolve conflicts caused by criminal acts, restore balance, and bring about a sense of security and peace in society; and fostering a sense of remorse and freeing the guilt of the convict.
Therefore, the existence of the National Criminal Code shows that Indonesia has been able to manage its own country by creating a genuine legal system made by the nation’s children without the slightest intervention from other countries, which in other words means that Indonesia is completely independent and sovereign.
Moreover, continuing to use the Criminal Code which was a product of the Dutch colonial era, it is clear that there will be a lot of irrelevance because this legal product was even made more than 100 years ago, whereas until now, the era has continued to develop and there have been many reforms in the social world of society so that it is very important for a legal system to also keep abreast of current developments.
For this reason, in an effort to improve the entire legal system in Indonesia to be even better than before, the Government of the Republic of Indonesia through the Indonesian Parliament passed the National Criminal Code, which will be a solution to various problems regarding the legal system in the country.
)* The author is a contributor to the Press Circle and Cikini Students