By : Deka Prawira )*
The National Criminal Code (KUHP) is considered a very democratic legal product by a number of academics. This is because the Criminal Code made by the children of this nation, has accommodated all public aspirations and even to indigenous peoples in all the processes of making and drafting it,
In order to realize the original national criminal law belonging to the Unitary State of the Republic of Indonesia which is based on Pancasila and the 1945 Constitution of the Republic of Indonesia, the Government of the Republic of Indonesia has stipulated the Law (UU) of the Republic of Indonesia Number 1 of 2023 concerning the Book of Laws The Criminal Law Act (KUHP) as a form of adjustment to many things.
Some of the adjustments contained in the National Criminal Code are regarding legal politics, conditions and also how the development of social, national and state life in Indonesia has also been adjusted and has become a legal product that highly respects human rights (HAM) universally.
For information, Law Number 1 of 2023 will actually apply in its entirety after the transition period, namely for 3 (three) years from the date of promulgation by the House of Representatives of the Republic of Indonesia (DPR RI) in December 2022, so that it will really will take effect in 2025. The National Criminal Code itself is a set of laws and regulations that regulate material criminal acts in the country.
With the ratification of the National Criminal Code through Law Number 1 of 2023, it will also directly replace the existence and application of Wetboek van Strafrecht (WvS) or what is commonly referred to as the old Criminal Code as stipulated by Law Number 1 of 1946 concerning Regulations Criminal law.
Of course, the Government together with the DPR RI did not immediately ratify the National Criminal Code, but many design and formulation processes have been passed and assisted by many parties, including academics and all elements of Indonesian society. This shows that the National Criminal Code (KUHP) has accommodated all public aspirations.
Related to this, Professor of Krisnadwipayana University, Prof. Indriyanto Seno Adji believes that the original legal system made by the nation’s children is very progressive, moderate, neutral and very democratic. It is not without reason that this assessment came, the article is that the National Criminal Code has succeeded in accommodating many public aspirations, including indigenous peoples.
The democratization of the National Criminal Code itself is due to the fact that in the entire drafting and drafting process it has considered and accommodated input from all civil society, legal practitioners and legal academics. It even includes representation of indigenous peoples as a form of implementing meaningful public participation which is in accordance with the mandate of the Act (UU).
In a socialization activity held by the Criminal Law and Criminology Society (Mahupiki) in Semarang, Central Java on Wednesday, 1 February 2023, Prof. Indriyanto explained that for consolidation in a legal recodification, special crimes are grouped in 1 separate chapter in the Criminal Code Law, namely the Special Crimes Chapter which is formulated in general/core crimes which functions as bridging articles between the Criminal Code and Laws outside the Criminal Code that regulate criminal acts in the Special Crimes Chapter.
Regarding various actual issues of the new Criminal Code, Professor of Criminal Law at the Faculty of Law (FH) at the University of Indonesia (UI), Prof. Harkristuti 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 law is a scientifically discovered provision.
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.
On the same occasion Professor of Criminal Law at the University of Indonesia, Professor Topo Santoso explained that in Chapter I in Book I, now it has accommodated many changes in modern times, which have not been covered in the old Criminal Code, as well as other principles that also accommodate many developments in modern times.
The ratification of the new Criminal Code has accommodated the interests of various parties, because the criminal law is able to protect personal, community and state interests.
Systematic structure of criminal law in the new or national Criminal Code. Prof. Topo explained that there are three pillars in the fundamental new Criminal Code. The triad of criminal law are the three most important parts of material criminal law, the first is crime, the second is criminal responsibility, and the third is crime and punishment.
In addition, the new Criminal Code stops the debate over the terms criminal acts, criminal events, and other terms, all of which are combined into the term criminal acts.
It is undeniable that the National Criminal Code, which was ratified by the Government of the Republic of Indonesia as Law Number 1 of 2023 concerning the Criminal Code, is a very democratic legal product. This is because in it has accommodated all public aspirations including indigenous peoples. []
)* The author is a contributor to the Press Circle and Cikini Students