MAHUPIKI and Academics: National Criminal Code Efforts to Reform Indonesia’s Patterned Value System
Academics emphasize that the National Criminal Code (KUHP) is an attempt to reform the value system using basic ideas that are far more Indonesian.
Professor of the Faculty of Criminal Law, University of Diponegoro, Prof. Dr. Pujiyono SH M.Hum in the moment of Socialization of the new Criminal Code (KUHP) organized by the Indonesian Criminal Law and Criminology Society (Mahupiki) in Medan, North Sumatra, on Monday (9/1/2023) said that there were many reasons in renewal of the Criminal Code so that a new Criminal Code was born.
“The Criminal Code was prepared consciously and maturely based on the basic idea of Pancasila grundnorm, the idea of mono-dualistic balance, historical experience, empirical conditions, national/international/global community development, theoretical/scientific development, as well as comparative materials so that the new Criminal Code was created to ensure there is space to protect the community,” he said.
Furthermore, the ratification of the National Criminal Code which was carried out by the DPR RI was the result of a follow-up from the UN Congress which stated the need for harmonization, synchronization, consistency of development, or renewal of national laws with socio-philosophical and socio-cultural values or aspirations.
“Development policies that ignore moral and cultural values can become criminogenic factors. The lack of consistency between law and reality is a criminogenic factor. The further the law shifts from the feelings and values that live in society, the greater the distrust of the effectiveness of the legal system,” he said.
At the same moment, Professor of Criminal Law at Gajah Mada University (UGM), Prof. Dr. Marcus Priyo Gunarto also emphasized the many advantages of the new Criminal Code compared to the old Criminal Code or Wetboek van Strafrecht (WvS).
“The new Criminal Code has started from the principle of balance and is an open and limited recodification of criminal law,” he said.
Prof. Dr. Marcus Priyo Gunarto explained that an open recodification of criminal law means that it is still possible for growth/regulation of criminal law outside the Criminal Code in the future, as well as a closed recodification of criminal law meaning that not all offenses outside the Criminal Code are included in the new Criminal Code.
Regarding the crucial article, Academician of the Faculty of Law, University of Indonesia, Dr. Surastini Fitriasih, S.H., M.H, discussed Assaulting the President’s Prestige and Dignity in Article 218 of the Criminal Code and Insulting the Government or State Institutions in Article 240 of the Criminal Code.
“These articles are not intended to limit freedom of expression and opinion, because the elucidation of the article emphasizes that criticism, demonstrations and
different opinion can not be punished. Criticism is a form of supervision, correction, and advice on matters relating to the interests of society, while insults are insulting, defaming, and slandering the person or image/respect of another party,” he said.
The purpose of setting Article 218 of the Criminal Code is to protect the dignity of the President as the head of state and head of government, whose arrangements also apply
for insulting heads of friendly countries. Meanwhile, the purpose of setting Article 240 of the Criminal Code is to protect the honor of state institutions.
“There will be no legal process without complaints from the party entitled to complain, namely the President or Vice President as stated in Article 218 and the Heads of State Institutions as referred to in Article 240”, he concluded.
Meanwhile, the Chairman of Mahupiki North Sumatra, Dr. Rizkan Zulyadi also said that the new Criminal Code is a legal product of the nation’s children.
“We must be proud that this Criminal Code is a product of the nation’s children and one of the things that distinguishes the new Criminal Code is that it contains a balance between human rights and their obligations,” said Dr. Rizcan.
The event which was held at the Grand Mercure Maha Cipta Medan Angkasa Hotel was the result of Mahupiki’s collaboration with the State University (PTN) Faculty of Law, University of North Sumatra (USU) which was attended by many groups ranging from bureaucrats from the Provincial Government of North Sumatra and Medan City Government, legal practitioners, academics , students to the general public. Regional officials who attended included 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.
