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Appreciation of Public Involvement in Drafting the RKUHP

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By: Dewi Ayu Lestari

The Draft Criminal Code (RKUHP) currently raises 14 controversial issues in the public eye. In order to resolve public concerns about the RKUHP, President Jokowi gave a mandate to the Coordinating Minister for Political Affairs (Menkopolhukam) Mahfud MD, to review the contents of these articles and clarify the articles by involving the community. Coordinating Minister for Political, Legal and Security Affairs Mahfud MD said the government would hold open discussions regarding crucial issues in the Draft Criminal Code (RKUHP) with the public.

Mahfud MD explained that currently there are still 14 issues or crucial articles that need to be clarified. However, Mahfud MD did not mention in detail what the 14 problems were. The draft RKUHP that has been submitted includes more than 700 articles which have been confirmed to have entered the final stage. The government cooperates with the public who will later be asked to participate in massive discussions on these drafts and articles in order to provide understanding, equalize perceptions, visions and missions. In addition, the community is also expected to be able to provide good and relevant opinions and suggestions from the community. This is necessary because the law is a reflection of the awareness of people’s lives, so that the law to be enacted must obtain understanding and approval from the community.

Mr. Mahfud MD also revealed that President Jokowi appointed the Minister of Communication and Information (Menkominfo) Johnny G Plate as the organizer of the discussion and the Minister of Law and Human Rights (Menkumham) Yasonna H Laoly to prepare materials related to the RKUHP discussion. The discussion of these 14 issues will be carried out through a more open and more pro-active discussion through two channels. The first discussion will be discussed in the House of Representatives (DPR) then followed by continuing to conduct socialization and discussions to community nodes related to the issue of the draft law as well as an explanation of several articles that are considered biased. The whole series is carried out in order to maintain the state ideology and the integrity of the Indonesian state administration which is under a strong state ideology and constitution.

Deputy Minister of Law and Human Rights (Wamenkumham) Edward Omar Sharif Hiariej explained the importance of public participation in the preparation of the Draft Criminal Code (RKUHP). He appreciated the input from various parties regarding the draft RKUHP. These inputs are considered important as a tangible form of public participation. All public aspirations will be heard as widely as possible to realize a new Criminal Code that is able to create justice. In addition to the ongoing discussion process in the DPR, the Ministry of Law and Human Rights (Kemenkumham) will also increase socialization. Socialization was carried out not only in several provinces, but in all provinces by involving NGOs, students, and other community organizations.

Judging from what happened, this step was taken to create a RKUHP product that is in accordance with the current conditions of Indonesia. This effort is also carried out for the protection of justice for all Indonesian people. This starts from the scope that must be addressed from the previous law products, the need and efforts to minimize crimes that may occur as well as to educate the nation by making regulations such as rules/articles governing insults to the president and the government where it is a form of criminal.

Meanwhile, there is also an article that regulates blasphemy with a maximum threat of 5 years in prison, followed by the latest article also mentioning procedures for conveying aspirations (demo) to the government. Demonstrations (protests) are allowed by considering several things, namely that they are held in an orderly manner and do not interfere with the public interest. The health sector has also become a matter of great concern by the government regarding the crime of abortion, namely regarding abortion behavior which is also appointed with a maximum sentence of 4 years and the doctor who helps can be severely punished. And there are many other things that really need to be done to create a better Indonesia.

 Therefore, the government opens as much space as possible for the community to be able to contribute to providing aspirations or suggestions. The public is also encouraged to provide solutive opinions, constructive criticism for the common good and input to improve the legislation. Therefore, the law that is enacted must have the understanding and approval of the public because this is the essence of democracy in the context of the actual application of the law.

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