By: Ricky Rinaldi) *
Change is a necessity, including the Bill of Criminal Law. These changes are real efforts to adjust to the times.
The development of the era that feels so fast we never realized. Because we have been busy with our private lives. Especially now that we are in an era of disruption, where competitiveness and challenges are higher than before. If judging from KBBI, this disruption is a matter that is lifted from its roots. In everyday language it can be interpreted as a fundamental or most fundamental change.
This phenomenon occurs when people shift activities from the real world to the era of digitalization (virtual). Even this pattern also affects the business world cycle. The most popular impact is the emergence of gadget or online transportation (in the network). Actually there are many positive things related to the development of this era, but it seems that human resources who react to it “excessively” make many users fall into things that deviate. We take the case of racism due to hoax that was spread through Whastapp some time ago. Or it could also be an invitation for a demonstration that is distributed in the name of “solidarity”.
It is undeniable that stretching technological developments are also not necessarily to blame. Although he came with a big change, but back again to us, whether we can or are able to make good use of technological developments. Because as we know, the flow of social, cultural and technological change is inevitable. He comes like a wave that is sometimes ready to hit.
The most phenomenal is the problem regarding RKUHP which is currently being discussed. Not only in the real world, but also penetrated the virtual world. The RKUHP, which was interpreted by some as the beginning of the change, turned out to have drawn protests from various parties. Including students, civil society activists.
The draft Criminal Code, for example, is aimed at changing the criminal law system left over from the Dutch colonial era, into a national criminal law system that reflects our Indonesian-ness. This RKUHP has been discussed by legal experts even more than half a century ago, only a few decades away since Indonesia sovereignty of its independence.
The current administration (President Joko Widodo) certainly does not turn a deaf ear to criticism launched by the wider community. Various aspirations have also been heard by the public. This was proven when President Jokowi had decided to postpone the ratification of several bills, especially the RKUHP, the bills relating to Land, the Bill on Corrections, and the Bill on Minerals and Coal (Minerba). The decision to postpone the endorsement of the four bills was suspected by various considerations. Namely, the need for the deepening of studies relating to a number of materials that were considered crucial in the four bills.
According to its urgency, the RKUHP is suspected to be able to eliminate a number of other related laws. This is intended if RKUHP is the answer as the main book of the Criminal Law Act. Even though the DPR did not deny that there were still weaknesses in this matter. The DPR also admitted that there were still many criticisms from the public regarding the discussion of the RKUHP. However, this is only a matter of differences in interests and about understanding. If there is a rejection, there is still another legal mechanism, namely by sending a lawsuit for judicial review to the realm of the Constitutional Court (MK).
Not the intention of making things into controversy, of course, the Government and the House of Representatives still need a variety of positive input from the community so that regulations are arranged in accordance with the wishes and interests of the wider community. This is in accordance with the creed which reads “vox populi vox dei” which means “the voice of the people is the voice of God”. Therefore it must be respected. Such creeds are often echoed to encourage the emergence of active participation from the community, so that people use their voting rights.
As we know, if there is no perfect human, there will be a realization that perfection belongs only to God. Weaknesses that are considered to be in the formulation of the RKUHP seem to have to be good learning for all of us. Consistently united in building changes to a better country is considered more crucial than controversial actions. Change is a necessity, let’s face it with things that are more relevant, so this change certainly will not make us carried by the flow of life that is often distorted.
) * The author is a social political observer