By: Ridwan Putra Khalan )*
The ratification of the National Criminal Code (KUHP) is very important for this nation because it is able to strengthen the existence of law in the country because in fact this country is a country of laws.
In order to realize the existence of an original national criminal law owned by the nation’s children in the Unitary State of the Republic of Indonesia (NKRI) and based on the basic state philosophy of Pancasila and also the 1945 Constitution (UUD) of the Republic of Indonesia, the Government of the Republic of Indonesia has stipulated the ratification of the Law -Law (UU) of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code (KUHP).
The stipulation of the National Criminal Code carried out by the Government of the Republic of Indonesia is also a form of effort to continue to make adjustments to the many changes in legal politics, circumstances and also how the development of social, national and state life in the country also upholds the existence of Human Rights (HAM). universally.
It is known that Law Number 1 of 2023 will take effect after 3 (three) years from the enactment of ratification by the People’s Representative Council of the Republic of Indonesia (DPR RI) in December 2022, which means it will be truly legal and take effect in its entirety in the coming 2025. .
The National Criminal Code itself is a series of laws and regulations that regulate material criminal acts in Indonesia. With the ratification of the National Criminal Code through the birth of Law Number 1 of 2023 it will also replace the existence and application of Wetboek van Strafrecht or commonly referred to as the old Criminal Code from the Dutch colonial era which has been in force in Indonesia since 1946.
Because there is still a transitional period of 3 years before it will actually take effect in its entirety, many socialization efforts have been made to all elements of Indonesian society regarding this National Criminal Code. One of them was organized by the Indonesian Criminal Law and Criminology Society (Mahupiki) together with Tanjungpura University (UNTAN) Pontianak.
In the socialization event, the Secretary General (Sekjen) Mahupiki, Dr. Ahmad Sofian said that the entire process of drafting the National Criminal Code had indeed gone through a process of collecting all previous public aspirations. This is because in fact the original legal system made by the children of this nation was initiated by figures across generations including the Government and the Indonesian Parliament.
He added, actually it has been more than 100 years, this nation is still being overshadowed by the Dutch colonial nation because it still continues to use the old Criminal Code as a reference for the legal system in Indonesia. Therefore, when the National Criminal Code was passed, the people themselves should be very proud because in the end this nation was able to be free from the shackles of colonial overtones.
Moreover, the validity of the legal products left by the Dutch has been around for a very long time, so there are many things that are no longer relevant when applied today, which have experienced many dynamics and changes. So, it becomes very important according to Dr. Ahmad Sofian for reforms in the legal system in the country.
Likewise, Professor of the Faculty of Law (FH) Semarang State University (UNNES), Prof. Dr. R Benny Riyanto also stated that a public hearing had taken place during the drafting of the National Criminal Code legal system. With this public hearing, according to him, it has accommodated many aspirations from all elements of society.
Meanwhile, the Vice Chancellor for Academic Affairs at the University of Tanjungpura, Dr. Ir. Radian revealed that the reforms that have taken place in the legal system in Indonesia with the existence of the National Criminal Code have indeed become very important. According to him, this is because it is able to further strengthen the existence of law in the country. Moreover, the National Criminal Code has also provided legal certainty because if you continue to use WvS legal products left by the Dutch, they do not have an official and legal original translation at all, so that many interpretations appear when trying to read the legal product.
Not only that, but besides being able to provide legal certainty, guaranteeing the strengthening of the existence of law in Indonesia as a rule of law, according to Dr. Ir. Radian has presented the harmonization of national values and the distinctive culture of the archipelago.
Because Indonesia itself is a rule of law country, therefore the existence of law in this country is very important to really enforce it. One of the efforts to achieve this has been carried out by the Government together with the DPR RI, namely by ratifying Law Number 1 of 2023 concerning the National Criminal Code.
)* The author is a contributor to the Nu Reading Room