Discussing the Importance of the New Criminal Code, Mahupiki Invites Cross-University Law Experts
Medan – The recently passed Criminal Code (KUHP) is considered to have a number of advantages. This was raised in a discussion held by the Indonesian Criminal Law and Criminology Society, at the Maha Cipta Grand Mercure Hotel Medan Angkasa, North Sumatra.
In his remarks, the Chairman of Mahupiki North Sumatra, Dr. Rizkan Zulyadi said that the new Criminal Code is a legal product of the nation’s children. His party explained that the law that had just been passed by the DPR used the principle of balance.
“We must be proud that the Criminal Code is a product of the nation’s children and one of the things that differentiates the new Criminal Code is that it contains a balance between human rights and their obligations. This means that the aspects discussed are not only how we demand human rights, but also discuss their obligations,” said Dr. Rizkan.
Regarding the rejection by several parties of the Criminal Code, Professor of Criminal Law at Gadjah Mada University (UGM), Marcus Priyo Gunarto explained that this was commonplace.
“Even though it has just been passed, it has been considered for and against and even considered as a threat to freedom, which is normal because this legal product or the Criminal Code cannot be separated from a certain point of view,” he said.
Ratification of the national Criminal Code, added Prof. Marcus, has a number of advantages when compared to the old Criminal Code. According to him, the new Criminal Code has accommodated a paradigm shift.
“Actually, the most fundamental change lies in Book I, because there is a paradigm shift regarding punishment. It turns out that punishment is a means to an end, so that everything will change the context of criminal justice,” said Prof. Marcus at the Socialization of the Criminal Code, Monday (9/1/2023).
The same thing was also conveyed by the Professor of the Faculty of Law, Diponegoro University, Semarang, Prof. Dr. Pujiyono SH M Hum, who was also present as a guest speaker. According to him, several aspects that form the basis of the new or national Criminal Code are that in the colonial legacy Criminal Code there is no separation of individual and cluster aspects; not yet oriented towards people or modern schools; no chapter of guilt or criminal liability; the victim has not got a place or is oriented only to the perpetrator; fines or alternative sanctions are few or very light as they were in colonial times.
Besides that, Prof. Pujiyono explained that the drafting of the Criminal Code, which can be said to have taken quite a long time, has attempted to absorb all the aspirations of many groups, taking a humanitarian or criminal orientation approach to the perpetrator-victim-community. With this process, it is hoped that it will open up a space or something new in order to guarantee legal certainty and legal reform
Meanwhile, Academician of the Faculty of Law, University of Indonesia, Dr. Surastini SH MH straightened out various erroneous issues regarding the new Criminal Code, one of which is the article regarding the assault on the dignity of the President and Vice President.
“Then the attack on the dignity of the President and Vice President is actually not meant to limit freedom of expression and opinion, including criticism and demonstrations from the public, all of which cannot be criminalized.” added Dr. Surastini.
He added that criticism is a form of public scrutiny regarding the interests of the community, which is very different from insults such as slandering, personal insults. In addition, different from the old Criminal Code, this article is currently in the type of complaint offense.
Hundreds of participants participated in the discussion on the Criminal Code and it is hoped that it will become a new medium for socializing the Criminal Code to public elements. In addition, this socialization is also expected to increase public understanding of the importance of adjusting the Criminal Code so that it is more in line with the current dynamics of society.
Meanwhile, the socialization activity was attended by a number of figures in North Sumatra, including the North Sumatra Regional Police Chief, Inspector General of Police RZ Panca Putra Simanjuntak, Head of the North Sumatra Regional BIN, Brigadier General Asep Jauhari, Head of the North Sumatra High Prosecutor’s Office, Idianto, SH, MH, bureaucrats from the Provincial Government North Sumatra and Medan City Government, legal practitioners, academics, students to the general public.
