Having Many Alternative Sanctions, the National Criminal Code is Considered Indispensable for the Indonesian Nation
MEDAN – The national Criminal Code is considered to have many alternative sanctions and not only through imprisonment, the National Criminal Code (KUHP) is considered to be very necessary for the Indonesian people.
This new Criminal Code is a legal product of the nation’s children which contains a balance between human rights and their obligations. This means that the aspect discussed is not only how we claim human rights, but also discusses its obligations.
This was said by the Chairman of Mahupiki North Sumatra, Dr. Rizkan Zulyadi, during the socialization of the Criminal Code which was held at the Grand Mecure Hotel Medan Angkasa, Medan (9/01/2023).
On the same occasion, Diponegoro University Law Expert as one of the speakers, Prof. Dr. Pujiono, SH, M.Hum., explained that the Criminal Code is a reflection of the civilization and value system of a nation. Indonesia really needs a Criminal Code law that reflects the soul and spirit and reflects the nation’s civilization.
“The basic idea of the Dutch colonial Criminal Code focuses on individual interests and freedoms, is more secular in nature and is influenced by the concept of Separation State and Church,” said Prof. Pujiono.
Meanwhile, the basic sources of the new Criminal Code, he continued, were built consciously based on Pancasila values, the idea of mono-dualistic balance, historical experience, empirical conditions, global and national community development, development of science and comparative materials.
Regarding the policy formulation of the new Criminal Code, Prof. Pujiono explained, the objectives and guidelines for sentencing include the principle of guilt, the age limit for criminal responsibility for children, a special chapter on sentencing against children and the authority of judges to be able to stop or not continue the process of examining juvenile criminal cases, death penalty and possibility of life imprisonment being paroled.
Meanwhile, UGM Law Faculty Academic, Prof. Dr. Marcus Priyo Gunarto, SH, M.Hum., explained the advantages of the new Criminal Code when compared to the WvS Criminal Code or the Dutch version which is 300 years old.
According to Prof. Marcus, there are 17 advantages, but the most fundamental change is in book one, due to a paradigm shift regarding crime, where punishment is a means to an end.
“Within the criminal law, it has a goal, firstly to protect individuals or develop individuals or a social welfare policy. Criminal law also has the aim of providing public protection or a social defense policy, as well as protection against abuse of sanctions and reactions,” said Prof. Marcus.
In other words, the Criminal Code also prevents the taking of justice by the community as well as the abuse of law enforcement powers.
In the Criminal Code, restorative justice, corrective justice and rehabilitative paradigm will all lead to the problem of the types of punishment.
“Criminal in the old Criminal Code mostly emphasizes the type of crime that is deprivation of liberty. However, in the context of the national Criminal Code, there is a possibility that if a judge imposes a sentence of less than 5 or 3 years, he can choose to be sentenced to a fine, social work and criminal supervision.” explained Prof. Marcus.
The next resource person, Academician of the University of Indonesia (UI), Dr. Surastini Fitriasih revealed that various crucial issues, including those originally listed in the RKUHP, have been dropped in the new KUHP.
“There are 14 crucial issues, of which 4 issues have been dropped, namely related to practicing dentists without a license, poultry destroying gardens and land, criminal acts of fraudulent advocates and criminal acts of vagrancy because they are considered to be regulated in regional regulations.” Obviously Dr. Surastini.
Regarding provisions regarding customary law or living law as one of the grounds for punishment, according to him, what is still a question is where this law applies.
“Wherever the law is enforced, local law, as long as it is not regulated in the Criminal Code. However, there are limitations in accordance with Pancasila, the 1945 Constitution, human rights and general legal principles that are recognized by the people of nations.” Said the Law Lecturer at the UI Law Faculty.