By: Mahessa Avrilianti )*
The presence of the new Criminal Code is one of the government’s efforts to improve the legal system in Indonesia. The Criminal Code functions to regulate criminal acts that occur in Indonesia, as well as the sanctions given to the perpetrators of these crimes.
The presence of a new Criminal Code is of course inseparable from the changing times. With the changes that continue to occur, the existing Criminal Code is no longer able to properly regulate criminal acts. Therefore, it is necessary to have a new Criminal Code that is more in line with the times.
As Professor of Semarang State University, Prof. Dr. Benny Riyanto, during a socialization of the Criminal Code with Mahupiki and Andalas University on January 11 2023, emphasized that the old Dutch-era Criminal Code had existed more than 100 years ago, but until now there has been no official translation, so many translations have the potential to cause multiple interpretations.
Not only that, Professor of Criminal Law at the University of Indonesia (UI), Prof. Dr. Harkristuti Harkrisnowo also stated that the new Criminal Code recognizes and respects customary law (delik adat) while still being limited by Pancasila, the 1945 Constitution of the Republic of Indonesia, human rights, and general legal principles that apply in a society of nations.
In addition, one of the advantages of the new Criminal Code is the use of language that is more easily understood by the wider community. The previous Criminal Code sometimes had terms that were difficult for ordinary people to understand, making it difficult for the public to understand the contents of the Criminal Code. With the existence of a new Criminal Code that uses language that is easier to understand, it will be easier for the public to understand the contents of the Criminal Code.
The new Criminal Code also regulates criminal acts related to technological developments. With the very rapid development of technology, it is not uncommon for crimes related to technology to occur, such as fraud via the internet or falsification of documents through the use of software. The new Criminal Code regulates these crimes in more detail, so that they can assist in law enforcement against the perpetrators of these crimes.
The new Criminal Code also regulates crimes related to human rights. Previously, the Criminal Code did not have articles that specifically regulate human rights, so that human rights violations often occur that cannot be prosecuted under law. With the existence of articles that specifically regulate human rights,
Apart from criminal acts related to technological developments and human rights, the new Criminal Code also regulates other criminal acts, such as terrorism crimes, money laundering crimes, domestic violence crimes, narcotics crimes, human trafficking crimes, crime crimes against state property, acts of corruption, and many other crimes regulated in the new Criminal Code. With the existence of the new Criminal Code, it is hoped that there will be an increase in law enforcement against criminal acts that occur in Indonesia. In addition, the new Criminal Code is also expected to be an authentic representation of national values, namely the values of justice, truth and humanity in Indonesia.
Community support is very important. Without community support, the new Criminal Code will not be able to function optimally in regulating criminal acts that occur in Indonesia. Community support can be provided by understanding the contents of the new Criminal Code and respecting the provisions contained therein.
Chairperson of the Indonesian Criminal Law and Criminology Society (Mahupiki), Dr. Yenti Garnasih even explained further that in the new Criminal Code there are objectives of punishment, namely prevention, community/rehabilitation, conflict resolution, restoration of balance and creation of a sense of security and peace, as well as growing convict remorse as stated in article 51.
Overall, community support is critical to more effective law enforcement efforts in Indonesia. With the support of the community, it is hoped that a more prosperous and secure society can be created, and can become an authentic representation of the nation’s values in Indonesia.
With the new Criminal Code, it is hoped that Indonesia’s future will be better. The new Criminal Code is expected to be a solution in overcoming criminal acts that occurred in Indonesia. With rules that are more in line with the times, it is hoped that there will be an increase in law enforcement against criminal acts that occur in Indonesia. Secretary General of the Indonesian Criminal Law and Criminology Society (Mahupiki), Dr. Ahmad Sofian also stated that the National Criminal Code prioritizes national values and adopts universal human rights values.
The government has provided a dispute resolution mechanism that is easily accessible to the public, such as the courts, so that the public can understand it better.
By doing these things, it is hoped that the public will understand more about the new Criminal Code and be able to understand its contents better and more easily respect the rules contained therein.
)* The author is a student at Padang State University