By: Yafeth Snap )*
It is important for the public to understand the substance of the National Criminal Code, Mahupiki held outreach to all corners of the country to Manokwari to foster a more complete public understanding of the National Criminal Code.
The President of the Republic of Indonesia, Joko Widodo has officially ratified Law (UU) Number 1 of 2023 concerning the Criminal Code (KUHP). Where the National Criminal Code is the first legal product to be inaugurated by President Jokowi in 2023.
Written on page 229 of the latest copy of the National Criminal Code document, it states that the law was passed in Jakarta on Monday, 2 January 2023 by President Joko Widodo. Then the legal product was promulgated by the Minister of State Secretary, Pratikno on the same day.
The National Criminal Code contains as many as 624 articles, whose existence is able to replace the existence of the old Criminal Code from the Dutch colonial era, besides that, the National Criminal Code has also codified a number of other laws that apply in Indonesia, even including the existence of living laws.
In Article 623 (Chapter XXXVII regarding closing provisions) of the Law of the Republic of Indonesia (UU RI) Number 1 of 2023 it is written that this law can be called the Criminal Code. Then, still in the same chapter, Article 624 explains that the explanation regarding the entry into force of the National Criminal Code which is said to come into force after 3 (three) years from the date of promulgation.
To fill the transitional period of 3 years after the promulgation, before the National Criminal Code will actually apply as a whole to become a product and legal system in Indonesia to replace the existence of the old Criminal Code left over from the Dutch colonial era in 2025, socialization to the public regarding the substance of The National Criminal Code is very important so that the public can know and have the same perception of the urgency of ratifying the National Criminal Code.
One of these socializations continues to be intensified by the Indonesian Criminal Law and Criminology Society (Mahupiki) in Manokwari, West Papua Province on Wednesday (8/2). One of the speakers at the socialization event held by Mahupiki was Professor Emeritus of Padjadjaran University, Prof. Romli Atmasasmita. He said that in 1963 the First National Law Seminar was held which resulted in various resolutions, including formulating the National Criminal Code. Furthermore, Indonesia is trying to renew the Indonesian criminal law system by compiling a draft bill which was first carried out in 1964 through Book I until 2015 by issuing a draft Book II with a total of 24 draft bills.
He saw the urgency to replace the WvS version of the Criminal Code with the National Criminal Code as an important step because there was a paradigm shift to a retributive paradigm such as Corrective Justice, Restorative Justice, and Rehabilitative Justice. The replacement of the legal system with the National Criminal Code is also a mandate, TAP MPR II/MPR/1993 concerning GBHN, and Law 17 of 2007 regarding the RPJPN.
He also believes that community participation is an important role because it has several points such as the right to be heard, the right to be explained, and the right to be considered. The entire process resulted in a draft Criminal Code that complied with aspects according to the procedures for drafting laws, so that it is hoped that the National Criminal Code will be able to fill an important role as the Indonesian legal system that is relevant to changing times.
Meanwhile, Professor of the University of Jember, Prof.Dr. M. Arief Amrullah stated that Indonesia can be proud of itself because it has a National Criminal Code where previously for more than 100 years the Criminal Code of products from the Netherlands had been in force in Indonesia. He sees that the renewal of the National Criminal Code contains a balance between the interests of society and individual interests or what is known as a mono-dualistic balance, in which criminal law pays attention to the objective aspect of the act, as well as the subjective aspect of the perpetrator.
The renewal of the National Criminal Law contains four fundamental change missions, including: Decolonization, Democratization, Consolidation, Harmonization and Modernization. The Criminal Code Law also recognizes the existence of criminal acts on the basis of laws that live in society. The goal is to better fulfill the sense of justice that lives in society. This is a form of recognition & respect for customary offenses that are still alive but limited by Pancasila, the 1945 Constitution of the Republic of Indonesia, human rights and general law principles.
On the other hand, a legal expert who is also a professor of criminal law at Diponegoro University, Prof. Dr. Pujiyono, SH. M. Hum. said that there were 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, crimes against religion or beliefs and crimes related to freedom of expression.
He further stated that as regulated in Articles 346, 347, 348 and 349 of the Criminal Code, as well as Article 75 of Law Number 36 of 2009 concerning Health, in the National Criminal Code there are exceptions where there is an indication of a medical emergency or the woman is a victim of rape or sexual violence resulting in pregnancy with a gestational age of not more than 14 weeks.
In the National Criminal Code Law regarding adultery and cohabitation, the authority to complain is now expanded, namely husband or wife for those who are married and parents or children for those who are not married. The protection of public private space is carried out by regulating it as an absolute complaint offense, which means that there is no legal process without a legitimate complaint from those who have the right to complain because they are directly harmed, namely husbands or wives for those who are bound by marriage and parents or children for them. who are not bound by marriage.
)* The author is a Papuan student living in Bogor
