Criminal Code Socialization Degree in Medan, Mahupiki: Appreciation of Legal Products of the Nation’s Children
The new Medan-KUHP is an effort to change the WvS Criminal Code into the National Criminal Code which is in accordance with the noble values of Pancasila. This was said by Professor of Criminal Law, Faculty of Law, Diponegoro University, Semarang, Prof. Dr. Pujiyono SH M.Hum, at the socialization event for the new Criminal Code in Medan-North Sumatra.
In the socialization organized by the Indonesian Criminal Law and Criminology Society (MAHUPIKI) also presented other very competent resource persons, including Prof. Marcus Priyo Gunarto and Dr. Surastini Fitriasih SH, MH.
In his remarks the Chairman of Mahupiki North Sumatra, Dr. Rizkan Zulyadi who said that the new Criminal Code is a legal product of the nation’s children which has a positive impact on the enforcement of criminal law in Indonesia.
Meanwhile, 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.
“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 added, the drafting of the new Criminal Code was a decolonization effort to change the WvS Criminal Code into a National Criminal Code that was in accordance with the culture and reflected the noble values of Pancasila.
“With these various basic thoughts, ideas were later brought up in the new Criminal Code with the basic values of Pancasila; maintaining a monodualistic balance; historical experience and empirical conditions; as well as scientific or theoretical developments and community dynamics,” said Prof. Pujiyono.
On the same occasion, the UGM Professor of Criminal Law said that the reaction that would arise in the ratification of the new Criminal Code would appear and this was something that was fairly normal.
He considered that the reaction had already started from the emergence of a new Criminal Code discourse. Then, there were reactions when the draft began to be drafted, reactions when the Criminal Code was just being discussed and reactions after the new Criminal Code was ratified as the Criminal Code Law, it is estimated that it has not stopped.
“Because the so-called criminal law always reduces a person’s freedom, the provisions limiting that freedom are abolished. That’s something normal,” said Prof. Marcus.
Meanwhile, Academician of the University of Indonesia, Dr. Surastini Fitriasih, SH., MH., explained several crucial issues contained in the new Criminal Code. One important issue that has many pros and cons in various circles of society is the death penalty law.
According to him, the death penalty imposed on the perpetrators of crimes is regulated in the Criminal Code where judges give death sentences with a probation period of 10 years with various considerations.
“So it is not said that it is constitutional or unconstitutional because in fact it is one of the rights to life that cannot be reduced, but the constitutional court said this is still necessary,” said Prof. Surastini.
“So it can be changed if his behavior during the probationary period is of good and commendable behavior can be changed to life imprisonment or imprisonment for a maximum of 20 years,” he continued