Padang – Academics have agreed that indeed the National Criminal Code (KUHP) contains the nation’s cultural values to further uphold the principles of justice and humanity when compared to the old legal products made in the Netherlands.
This was explained by several sources at the socialization of the new Criminal Code which was organized by the Indonesian Criminal Law and Criminology Society (MAHUPIKI) at the Santika Premier Hotel, West Sumatra, Padang, Wednesday (11/1/2023).
Acting as a resource person, Professor of Law at Diponegoro University (Undip) Benny Riyanto, Professor of Law, University of Indonesia (UI), Prof. Harkristuti Harkrisnowo, and Lecturer at the Faculty of Law at Trisakti University who is also chairman of MAHUPIKI, Yenti Ganarsih
Professor of Law, University of Indonesia (UI), Prof. Harkristuti Harkrisnowo conveyed several actual issues in several articles contained in the new Criminal Code.
“There are 4 (four) articles that were later dropped from the Criminal Code Bill relating to doctors or dentists who do not have a license, the second is about the homeless, the third is related to fraudulent advocates, and then about poultry,” he said.
He also explained about living laws or laws that live in this society prioritizing the principle of legality. Living law is a form of recognition and respect for customary law.
“Because what is referred to as a living law is a provision that still exists in society, so later the DPRD or the government may not place provisions in regional regulations without scientific evidence that these provisions still exist in society, so later everything must be stipulated in regional regulations” said Prof Tuti.
“With this regional regulation, it means that the state has strengthened the role of customary criminal law, the role of customary law in the life of the state,” continued Prof. Tuti.
On the same occasion, Professor of Semarang State University (UNNES), Prof. Dr. Benny Riyanto also explained the history of the development of the new Criminal Code, that Indonesia used a Criminal Code which was inherited from the Dutch colonial era.
According to him, even though the Dutch product legal system has experienced naturalization, it is still impossible to adhere to the cultural values of the Indonesian nation, especially regarding the state philosophy, namely Pancasila.
“Our WvS Criminal Code is over 100 years old, so it’s not surprising that the Dutch Colonial Criminal Code is no longer able to meet the legal needs of society,” said Prof. Benny.
“Politically, legally, the WvS Criminal Code does not yet reflect the nation’s cultural values, let alone related to the basic philosophy of our country, Pancasila,” he continued.
Meanwhile, Lecturer at the Faculty of Law, Trisakti University, Yenti Ganarsih, revealed that the ratification of this new regulation has accommodated the interests of various parties, because the criminal law is able to protect personal interests, society and the state.
Then, he also explained that there were advantages in the National Criminal Code when compared to the former Dutch product Criminal Code.
“There are 17 excellences, now we are no longer books I, II, and III, but only books I and II. Book I is a general provision, book II is a crime,” said Dr. Yenti in Padang City.
He also hopes that the existence of a new Criminal Code made by the nation’s children will become a benchmark for just Indonesian criminal law so that there are no more blunt assumptions up and down.
“So with this new Criminal Code, with things that have advantages, hopefully there will be no more image that the law is blunt up and down,” added Dr. Yenti in socialization.