Academics: The Nation’s New Criminal Code Is In Accordance with Indonesian Nation’s Values
The Indonesian Criminal Law and Criminology Society (MAHUPIKI) held a socialization event for the new Criminal Code (KUHP) located at the Grand Mercure Hotel Medan Angkasa, North Sumatra, on Monday (9/1/2023).
The resource persons presented at the socialization were also very competent, including Prof. Dr. Pujiyono SH M.Hum, Prof. Dr. Marcus Priyo Gunarto, SH M.Hum, and Dr. Surastini Fitriasih SH, MH.
Professor of Criminal Law, Faculty of Law, Diponegoro University, Semarang, Prof. Dr. Pujiyono, SH. M.Hum., explained the urgency of drafting a new Criminal Code so that it conforms to the values inherent in the Unitary State of the Republic of Indonesia.
As is known, the main source of the old Criminal Code was the Dutch Criminal Code or Wetboek van Strafrecht voor Nederlandsch. He considered that the values contained in the Dutch-made Criminal Code were irrelevant to the values that existed in Indonesia.
“If the Indonesian nation has a different value system from the Dutch, of course we need a Criminal Code law which is our soul.” explained Pujiono.
He also added that the drafting of the new Criminal Code always prioritizes the basic values of Pancasila that apply in Indonesia.
“Pancasila is the basis for justification, the enforcement of a norm, whether it is adapted from national values or global values,” said Prof. Pujiyono.
This new Indonesian-made Criminal Code is a necessity so that the process of enforcing criminal law in Indonesia will be more just and in accordance with the prevailing customs in today’s society.
Meanwhile, Gadjah Mada University (UGM) Criminal Law Specialist, Prof. Dr. Marcus Priyo Gunarto said that in the legal system made by the nation’s children, it has been regulated that judges are obliged to be able to uphold the law and also justice.
The new Criminal Code will try to apply the principles of values that apply in Indonesia to protect society from crimes that exist in society.
“The most fundamental change in the national Criminal Code is in book I, because there is a paradigm shift regarding crime,” said Prof. Marcus.
On the same occasion, Academician of the University of Indonesia, Dr. Surastini Fitriasih, SH., MH., said that there are several crucial issues that occur in criminal law in Indonesia, one of which is the law that lives in society (living law).
“Criminal law should prioritize legal certainty, why then can you use unwritten laws as the basis for punishment, that is considered as something that is contrary to the principle of legal certainty,” said Prof. Surastini.
