By : Reenee Winda )*
In order to realize the original national criminal law belonging to the Unitary State of the Republic of Indonesia which is based on Pancasila and the 1945 Constitution of the Republic of Indonesia, the Government of the Republic of Indonesia has stipulated the Law (UU) of the Republic of Indonesia Number 1 of 2023 concerning the Book of Laws The Criminal Law Act (KUHP) as a form of adjustment to many things.
The National Criminal Code (KUHP) is an embodiment of the overall reform of the National Criminal Law system, which is based on the values of Pancasila, Indonesian culture and universal human rights.
This was explained by the Professor of Criminal Law, Faculty of Law, Padjadjaran University, Prof. Dr. Romli Atmasasmita, SH, LL.M., as a guest speaker at a socialization of the National Criminal Code held by the Indonesian Criminal Law and Criminology Society (Mahupiki) in collaboration with the University of Papua (UNIPA), at the Swiss Bell Hotel Manokwari, West Papua on Wednesday (8/ 2/2023).
For your information, Law Number 1 of 2023 will actually apply in its entirety after the transition period, namely for 3 (three) years from the date of promulgation by the House of Representatives of the Republic of Indonesia (DPR RI) on December 6, 2022, that is, it will be true – will take effect in 2025.
The National Criminal Code itself is a set of laws and regulations that regulate material criminal acts in the country. Some of the adjustments contained in the National Criminal Code are regarding legal politics, conditions and also how the development of social, national and state life in Indonesia has also been adjusted and has become a legal product that highly respects human rights (HAM) universally.
With the ratification of the National Criminal Code through Law Number 1 of 2023, it will also directly replace the existence and enforceability of the Dutch-made Criminal Code when colonizing Indonesia or Wetboek van Strafrecht (WvS).
Still on the socialization opportunity in Manokwari, the presentation material from the Professor of Criminal Law at the University of Jember (Unej), Prof. Dr. Arief Amrullah revealed that for more than 100 years the Dutch-derived Criminal Code was in force in Indonesia. And it should be grateful, at this time, Indonesia already has Law no. 1 of 2023 concerning the Criminal Code. Ratified on January 2, 2023, consisting of Book I and Book II, with a total of 624 articles.
The renewal of the National Criminal Law contains 4 (four) fundamental change missions, namely first decolonization or efforts to eliminate colonial nuances in the substance of the WvS Criminal Code by realizing corrective-rehabilitative-restorative justice (Article 70 of the Criminal Code). Second, democratization, namely the democratization of the formulation of the criminal offenses article in the Criminal Code Law in accordance with the Constitution (Article 28 J of the 1945 Constitution) & legal considerations from the Constitutional Court’s decision on the review of the relevant Criminal Code articles. Third, Consolidation, namely rearranging criminal provisions from the old Criminal Code and parts of the Criminal Law outside the Criminal Code as a whole with recodification (open-limited). Furthermore, there is harmonization as a form of adaptation & harmony in responding to the latest legal developments, without setting aside living laws.
In the new Criminal Code made by the people of this nation, there are a number of actual issues. Specifically related to customary law, another legal expert, Professor of the Faculty of Law, Diponegoro University Semarang, Prof. Dr. Pujiono SH, M.Hum, explained that Living Law, as a form of recognition & respect for customary law (delik adat) which is still alive, but is limited by the values of Pancasila, the 1945 Constitution of the Republic of Indonesia, human rights, and general legal principles that apply in the nation’s society2. In addition, the applicable customary criminal law (delik adat) is based on empirical research and will form the basis for the establishment of regional regulations.
Meanwhile with regard to attacking the dignity of the President (article 218) & insulting the government or state institutions (article 240), Prof. Pujiono explained that these articles do not limit freedom of expression and opinion, because in the elucidation of the article it has been stated that criticism, demonstrations and opinions different cannot be punished.
Socialization of the New Criminal Code is a form of conveying information regarding the contents of the New Criminal Code which aims to provide understanding and education regarding sentencing guidelines. This is also to prevent disinformation about the content and essence of the Criminal Code.
It cannot be denied that the National Criminal Code, which was ratified by the Government of the Republic of Indonesia as Law Number 1 of 2023 concerning the Criminal Code, is a very democratic legal product. This is because in it has accommodated all public aspirations including indigenous peoples.
The national Criminal Code was drafted through a lengthy process of public consultation in order to obtain input and aspirations from the public through meaningful participation. The substance of the new Criminal Code has also been oriented towards the paradigm of modern criminal law which no longer emphasizes retaliation, but rather corrective justice, restorative justice and rehabilitative justice.
These three years are considered to be very adequate for public discussion and socialization of the Criminal Code, so that all parties can make the best use of it in order to better understand the real meaning of the Criminal Code.[]
)* Author/Senior Media Contributor
