By: Dewi Nur Fitriana )*
After 77 years of independence, Indonesia finally has a national Criminal Code (KUHP) made by the nation’s children which consists of 37 Chapters, 624 Articles and 345 Pages which are divided into two parts, namely the Articles and Explanatory sections. After being ratified on December 6, 2022, the Criminal Code will become effective three years from its promulgation or in 2026.
Even though it has been approved by the DPR RI and promulgated on January 2, 2023 as Law (UU) No. 1/2023, the government will continue to socialize the Criminal Code in a number of regions in Indonesia during the transition or adaptation period (the next three years) until this law is actually used effectively.
The Indonesian Criminal Law and Criminology Society (Mahupiki) held a socialization event for the new Criminal Code at the Patra Hotel Semarang, Central Java, on 1 February 2023. This socialization was a form of conveying information regarding the contents of the new Criminal Code. The aim is to provide understanding and education regarding sentencing guidelines, especially when making a decision.
Socialization will continue to be carried out to law enforcement officials and courts. considering that they are the ones who will more often refer to the new Criminal Code. Not only that, his party also guaranteed that the government would disseminate information to the community through campuses.
Professor of Law at the University of Indonesia (UI), Prof. Dr. Topo Santoso, SH, MH, said that one of the differences between the new or national Criminal Code and the old Criminal Code or Wetboek van Strafrecht (WvS) is that there has been discussion along with academic texts in chapters or books on criminal acts, criminal responsibility, and criminal and sentencing. . This national Criminal Code is a form of renewal or update of the old one by adopting or referring to the WvS Criminal Code.
This means that the national Criminal Code is partly similar to the old Criminal Code, but what is new is the emergence of discussions on criminal acts using tools that did not previously exist.
Meanwhile, UI Professor of Criminal Law, Prof. Harkristuti Harkriswono said several articles of public concern in the new Criminal Code included those relating to Living Law (traditional law), abortion, adultery and cohabitation, as well as insults to state leaders or state institutions.
At the time of rejection by students, the majority of whom came from young people regarding the formulation and draft of the Criminal Code, the article they highlighted was adultery or cohabitation.
One more thing that is interesting is the public response regarding the article on insulting the head of state or state institution which is considered by some parties to threaten freedom of expression. According to him, President Joko Widodo actually during discussions never made an issue of this matter.
Regarding insulting state leaders or state institutions, President Jokowi even said that there was no problem with insults, but we, from the team formulating the new Criminal Code at that time, still suggested that there be a legal basis not only for the current president but for future presidents as a symbol of the head of state who cannot abused.
The newly ratified Criminal Code also regulates alternative sanctions other than imprisonment, namely fines for supervision and social work, as well as clear, strict formulation of criminal acts with sufficient explanation to avoid multiple interpretations for the sake of legal certainty that prioritizes justice and expediency.
Therefore, all parties are expected to contribute in assisting the socialization of the new Criminal Code in the form of training and so on. Then, the application of this socialization should not interfere with the interests of the public, business actors, tourists, or foreign investors as long as law enforcement is in accordance with the objectives of criminal law reform through the Criminal Code as the most honest reflection of the legal civilization of the Indonesian nation.
Meanwhile, Professor of Krisnadwipayana University, Prof. Indriyanto. said that criminal acts in general are very dynamic following global, regional and national developments and dynamics. Therefore, it is necessary to reform criminal law in Indonesia through this national Criminal Code. Prof. Indriyanto regretted that some parties’ understanding of the national Criminal Code was not in depth, complete and detailed.
Low understanding and easy acceptance of this issue eventually led to public mis-communication and mis-information regarding the full understanding of the substance of the articles regulated in the Criminal Code.
We should appreciate the ratification of the Criminal Code because it is a historic moment for the existence of the Criminal Code regulations. On the other hand, this new Criminal Code will not find criminal convictions on matters that are of concern to the public regarding controversial articles.
This three year period is very sufficient for discussion and public socialization of the Criminal Code. It is best if this is utilized and examined by all parties so that they can better understand the real meaning of the Criminal Code.
*) The writer is a journalist from Nusa Bangsa Institute.