By: Doren Lokbere )*
The National Criminal Code has a positive aim to improve the national criminal law and has also upheld the existence of human rights universally. This theme was raised in the socialization of the Criminal Code by the Indonesian Criminal Law and Criminology Society (Mahupiki) in Manokwari, West Papua.
In order to realize the national criminal law in the Unitary State of the Republic of Indonesia (NKRI) which is based on the state philosophy, namely Pancasila and the 1945 Constitution of the Republic of Indonesia, the Government of the Republic of Indonesia has made a stipulation on the Law of the Republic of Indonesia (UU RI ) Number 1 of 2023 concerning the Criminal Code (KUHP) as a form of adjustment to legal politics, conditions and also the development of life in society, nation and state which upholds human rights (HAM) universally.
It is known that Law Number 1 of 2023 will actually come into effect after 3 (three) years from the date of its promulgation, namely in 2025 to replace the existence and enforcement of the old Criminal Code made in the Dutch colonial era. The Criminal Code (KUHP) itself is a statutory regulation that regulates material criminal acts in Indonesia.
It is not without reason that the ratification of the National Criminal Code is very important to do, because the article will indeed be able to replace the existence of Wetboek van Strafrecht which has been stipulated by Law Number 1 of 1946 concerning Criminal Law Regulations which has been amended several times.
Overall, the fundamental difference between WvS and Law Number 1 of 2023 lies in the philosophy that underlies how the Dutch legal product was formed, which is based on the classical school of thought that developed in the 18th century which focused attention on criminal law on acts or actions. Criminal. Meanwhile, Law Number 1 of 2023 bases itself on thoughts that maintain a balance between objective factors (actions) and subjective factors (people).
Meanwhile, to fill the transitional period of 3 (three) years before the National Criminal Code will actually apply officially and comprehensively in Indonesia as a legal system that regulates how the nation and state live in society, there are a number of socialization programs that continue to be intensified to all corners of the country up to Manokwari, West Papua which was carried out by Mahupiki in collaboration with the University of Papua.
In the socialization activity which was held on 8 February 2023 at the Swiss BelHotel Manokwari, Diponegoro University Professor of Criminal Law Prof. Dr. Pujiyono, SH. M.Hum who was present as one of the speakers in the outreach activity revealed that the reform of the Criminal Code, in essence, is not a renewal of norms, but a renewal of the value system, or a renewal of basic ideas. Because the Dutch product Criminal Code that is still in effect today is actually based on the basic idea of a liberal individualist which contradicts our basic idea of monodualism.
Not only that, but Prof. Dr. Pujiyono, also explained that the new Criminal Code is also a manifestation of reform of the National Criminal Law system as a whole. This is an opportunity to create a comprehensive National Criminal Law system based on Pancasila values, national culture, and universal human rights. In addition, the new Criminal Code is a masterpiece of criminal law in which all legal norms originate from Pancasila as the ideology and way of life for the Indonesian nation.
Likewise, Professor Emeritus of Padjadjaran University (UNPAD), Prof. Romli Atmasasmita who was present online also saw that the purpose of punishment contained in the National Criminal Code is very clear that its application is limited by three paradigms, namely retributive, rehabilitative and also restorative justice and also includes the paradigm of protecting human rights (HAM).
In fact, according to him, changing the legal system to become the National Criminal Code is also a mandate, TAP MPR II/MPR/1993 concerning GBHN, and Law 17 of 2007 concerning RPJPN. In fact, the current national Criminal Code has been discussed by at least 13 Ministers of Justice/Ministers of Law and Human Rights involved in its formulation. This shows that the preparation or formulation of the national Criminal Code has been carried out for a long time by carrying out a series of considerations.
Another speaker who is a Professor at the University of Jember, Prof.Dr. M. Arief Amrullah stated that the Criminal Code (KUHP) which had just been passed by the DPR and the Government had advantages over the previous Criminal Code. One of these advantages is about balance loads.
Prof Arief stated that the material of the national criminal law regulates the balance between the interests of society and individual interests, or what is known as a mono-dualistic balance. That is, apart from paying attention to the objective aspect of the act, criminal law also pays attention to the subjective aspect of the perpetrator.
Socialization is indeed a very important thing to do because it will make the wider public understand much more about the substance and urgency of the National Criminal Code and what good things are contained in it and replace some irrelevant things from the old Criminal Code. Including the purpose of punishment to improve and uphold human rights.
)* The author is a Papuan student living in Semarang
