Medan-Professor UGM stated that the National Criminal Code is full of balance point content and is also capable of upholding justice because various perspectives are taken starting from the victims and perpetrators of crimes.
This was conveyed at the socialization of the new Criminal Code organized by the Indonesian Criminal Law and Criminology Society (MAHUPIKI) located at the Grand Mercure Hotel Medan Angkasa, North Sumatra, on Monday (9/1/2023).
Gadjah Mada University (UGM) Criminal Law Specialist, Prof. Dr. Marcus Priyo Gunarto said that in the National Criminal Code there has been a paradigm shift which states that punishment is used to fight crime.
“The crime is a protection against evil deeds, so don’t let people suffer because of evil deeds that exist in society,” said Prof. Marcus.
“Criminal as protection against bad people is oriented towards improving the perpetrator, changing the behavior of bad people,” continued Prof. Marcus.
Meanwhile, Professor of Criminal Law, Faculty of Law, Diponegoro University, Semarang, Prof. Dr. Pujiyono, SH. M.Hum., explained the urgency of drafting a new Criminal Code so that it conforms to the values inherent in the Unitary State of the Republic of Indonesia.
“If the Indonesian nation has a different value system from the Dutch, of course we need a Criminal Code law which is our soul.” explained Pujiono.
“Pancasila is the basis for justification, the enforcement of a norm, whether it is adapted from national values or global values,” added Prof. Pujiono.
On the same occasion, Academician of the University of Indonesia, Dr. Surastini Fitriasih, SH., MH., said that the nation’s new Criminal Code is expected to be a benchmark for criminal law that conforms to Indonesian values.
He said, before the ratification of the new Criminal Code, there were 14 crucial issues regarding criminal law. However, after the ratification of the Criminal Code, there remained 10 crucial issues that still apply in the new Criminal Code.
One of the crucial issues in the new Criminal Code is living law or laws that live in society. He said that customary law applies where the law lives as long as it is not regulated in the Criminal Code.
Further explained, if the Criminal Code has been regulated relating to the applicable customary law, then what applies is the new Criminal Code. “If the Criminal Code has been regulated, what applies is in the Criminal Code,” said Prof. Surastini.
The socialization event for the New Criminal Code was a collaboration between the Indonesian Criminal Law and Criminology Society (MAHUPIKI) and the Faculty of Law, University of North Sumatra (FH-USU).
In his remarks the Chairman of Mahupiki North Sumatra, Dr. Rizkan Zulyadi who said that the new Criminal Code is a legal product of the nation’s children which has a positive impact on criminal law enforcement in Indonesia. Meanwhile, the Dean of USU Law Faculty, Dr. Mahmul Siregar, SH M.Hum who said that for a long time our people have longed for a basis or concept of national law that is in line with developments, no longer a Dutch colonial heritage.