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Ketum MAHUPIKI Yenti Garnasih Ensures There are 17 Advantages of the New Criminal Code


Padang – General Chairperson of the Criminal Law and Criminology Society (MAHUPIKI) Yenti Garnasih said that the new Criminal Code has 17 advantages. Its advantages include: starting from the principle of balance, Open and limited Criminal Law Recodification, Purpose of Punishment, Sentence Guidelines, 11 considerations for judges before imposing a sentence, and Determination of criminal sanctions with the Modified Delphi Method, Judge’s Forgiveness Decision (Judicial Pardon).

Excellence starts from the principle of balance in terms of “public/society interests” and “individual interests”; between the protection/interests of perpetrators, victims and law enforcement; between “objective” factors (deeds/outward/actus reus) and “subjective” (person/inner/inner attitude/mens rea); with the idea of ​​”daad-dader strafrecht”; between “legal certainty”, “flexibility/elasticity/flexibility”, and “fairness”; between particular, national values ​​and global/international/universal values; and reflected in 3 main issues of criminal law, namely: Criminal Acts/Criminal Actions; Error/Criminal Liability; and Criminal / Punishment,

In addition, according to Yanti Garnasih, the advantage is corporate criminal responsibility, prioritizing lighter principal crimes, expanding the types of principal crimes (Supervision and Social Work, dividing Criminal and Action into 3 groups (general, children, corporation), fines are regulated in the 8 categories, regulates the imposition of conditional capital punishment as a middle ground for pros and cons of capital punishment, prevents the imposition of imprisonment for TP Max 5 years, regulates alternatives to imprisonment in the form of fines, supervision punishment, and social work punishment, regulates Two-track Punishment, namely in the form of Crime & Action, regulates Strict Liability & Vicarious Liability.

On the same occasion, Professor of Semarang State University Prof. Benny said it was not true that the new Criminal Code regulates too many actions to become a crime (over-criminalization), because Book II of the National Criminal Code only has 423 articles, while Books II and III of the Criminal Code (WvS) have 465 articles.

“The government continues to discuss the Criminal Code through two steps, namely receiving input from stakeholders and civil society including legal practitioners. The government also conducts public hearings which are the obligation of the statutory process to be carried out meaningfully/Meaningful Participation based on the Constitutional Court decision number 91/PUU-XVIII/2020, including the Right to be heard, the Right to be explained (The right to be heard). explanation), and Right to be considered,” said Prof. Benny.

Furthermore, UI Professor of Criminal Law Prof. Harkristuti Harkisnowo explained that there was a misperception from the community with the recognition of customary law, namely the assumption that there was a deviation from the principle of legality. This is completely untrue because living laws are provisions that have been discovered scientifically.

“As a form of recognition and respect for customary law (delik adat) which is still alive, but limited by Pancasila, the 1945 Constitution of the Republic of Indonesia, human rights, and general legal principles that apply in a society of nations,” said Harkristuti.

Prof. Harkristuti said the drafting team for the Criminal Code also bridged all interests such as adultery and cohabitation because there was still debate about that article. In that article, a raid is carried out if there is a complaint against a legal partner.

“This is to limit so that not everyone makes complaints. The purpose of the article on adultery and cohabitation is to respect Indonesian values ​​and the institution of marriage as referred to in Law no. 1 of 1974, while continuing to protect the private space of the people,” he said.

Meanwhile, in his remarks, Chancellor of Andalas University, Prof. Yuliandri said that to understand and answer the question why the Criminal Code is needed, socialization is needed. There are three basic essences of the Criminal Code, namely realizing a national law based on the philosophy of Pancasila, how to adjust to national political conditions, and the balance of justice in criminal law.

“There is a given deadline of effectively 3 years. It has a meaning to be achieved. With this Criminal Code, there will be many theses, theses and studies that make the Criminal Code the object of research,” said Yuliandri.

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