Collaborating with Many Professors, MAHUPIKI Socializes the National Criminal Code in Manokwari, West Papua
MANOKWARI – Secretary General of the Indonesian Criminal Law and Criminology Society (MAHUPIKI), Dr. Ahmad Sofyan said the socialization of the National Criminal Code was designed not only to disseminate to the public but also to have direct dialogue with the drafters of the National Criminal Code or the New Criminal Code.
This was stated by the Secretary General of MAHUPIKI in the Socialization of the New Criminal Code which was held by Mahupik in collaboration with the University of Papua at the Swissbel Manokwari Hotel, West Papua, Wednesday (8/2/2023).
On this occasion, Professor of Padjadjaran University, Prof. Romli Atmasasmita said that all this time Indonesia used the Criminal Code which originated from the Netherlands with the original name Wetboek van Strafrecht voor Nederlansch Indie (WvS), and has existed since 1918. Then the WvS was subsequently adopted into national law through Law Number 1 of 1946 concerning Regulations Criminal law.
“The National Criminal Code has absorbed a lot of input from various elements of society through “Public Hearings”. Implementation of the Public Hearing is one of the efforts to fulfill public participation in Article 96 of Law 12/2011 concerning the formation of Legislation,” said Prof. Romli.
On the same occasion, Jember University Professor Prof. Arief Amrullah said that Indonesia can now be proud of itself because it has a new Criminal Code or National Criminal Code where previously more than 100 years the Criminal Code of products from the Netherlands had been in effect in Indonesia. Currently, Indonesia has Law no. 1 of 2023 concerning the Criminal Code. The New Criminal Code was ratified on January 2, 2023, consisting of Book I and Book II, with a total of 624 articles.
“The public must know why the Dutch-derived Criminal Code must be replaced with the New Criminal Code which has been compiled by the best Indonesian legal experts. The reasons include politically if Indonesia still uses the Criminal Code (WvS), it means that Indonesia is still a Dutch colony. Meanwhile, sociologically, the Criminal Code (WvS) is not based on the context of the Indonesian nation itself,” explained Prof. Arief Amrullah.
Meanwhile Diponegoro University Professor Prof. Pujioyono explained that there are a number of actual issues in the New Criminal Code or the National Criminal Code, including living law or customary law, abortion, contraception, adultery, cohabitation, obscenity acts, crimes against religion or beliefs and crimes related to freedom. expression.
“The applicable customary criminal law or customary offense is based on empirical research and will become the basis for the establishment of a Regional Regulation (Perda)”, said Prof. Pujiyono.
Not only that, according to Prof. Pujiyono, it is necessary for the public to understand in relation to article 218 concerning attacks on the dignity of the President and article 240 concerning insulting the government or state institutions. These articles do not limit freedom of expression and opinion, because in the elucidation of the article it has been stated that criticism, demonstrations and different opinions cannot be punished.
“There will be no legal process without a valid complaint from the party entitled to complain, namely the President or the Vice President (Article 218 of the Criminal Code) and the heads of state institutions (Article 240 of the Criminal Code),” he said. Prof Pujiyono.
