Manokwari — The Indonesian Criminal Law and Criminology Society (Mahupiki) continues to hold a series of socialization activities regarding the National Criminal Code (KUHP) in several regions in Indonesia.
Most recently, they carried out this socialization activity at the Swiss Bell Hotel Manokwari, West Papua on February 8 2023, in collaboration with the University of Papua.
The Professor of Criminal Law from Diponegoro University, Prof. Dr. Pujiyono, Professor Emeritus of Padjadjaran University (UNPAD), Prof. Romli Atmasasmita, and Professor at the University of Jember, Prof.Dr. M. Arief Amrullah
At the socialization of the Criminal Code which was held by Mahupiki, Prof. Dr. Pujiyono, explained that Pancasila was the basic idea of forming a new or national Criminal Code.
“If we talk about our new Criminal Code, this is a Criminal Code that is not only modern in nature, but also a Criminal Code that originates from the basic ideas of the Indonesian nation itself,” explained Pujyiono.
He also added that the ratification of the new Criminal Code which was approved by the DPR RI on December 6, 2022 is a form of decolonization of the criminal law system which is still being adopted for the next three years.
“Previously, the main mission was to conduct decolonization in the field of law. Because of what? What was done by law enforcement officials, police, prosecutors, judges, and others was confined in its application by colonial doctrines,” added Prof. Pujiyono.
Meanwhile, Prof. Romli Atmasasmita, explained the long history of the development of the drafting of the national Criminal Code. According to him, the Criminal Code that we use today is the Criminal Code which is based on the colonial thinking of the Dutch East Indies.
“But so that it is known that the law code that is used daily so far that often causes problems is the Dutch East Indies criminal law.” said Prof Romli.
However, Prof. Romli added that the new or national Criminal Code is one of the efforts to decolonize the Indonesian criminal law system which has been in use for the next three years.
“There needs to be something called decolonization of the Criminal Code that we use today. Decolonization therefore reeks of colonial colonialism. With decolonization it is hoped that we can adapt to national and international developments.” said Prof Romli.
On the other hand, Professor of the University of Jember, Prof.Dr. M. Arief Amrullah emphasized that the material of the national criminal law regulates the balance between the interests of society and individual interests or what is known as monodualistic balance.
Apart from paying attention to the objective aspect of the act, criminal law also pays attention to the subjective aspect of the perpetrator.
“Our national Criminal Code or often also called the new Criminal Code contains balance content. It contains a balance between the interests of society and individual interests, so the term will be proportional later,” said Prof. Arief
“That is what is called monodualistic balance, so between the legality principle which is also called the social principle and also the humanitarian principle,” continued Prof. Arief.