By: Saiful Anwar
The Draft Criminal Code (RKUHP) is the most famous bill because it contains many new articles, and this bill will soon be ratified by the government.
The RKUHP includes agreement accommodation and national pluralism. Where Indonesian citizens who are multi-ethnic, have the right to provide input on the RKUHP, and are given space to do so by the government.
The RKUHP is a very urgent bill to be passed because it will replace the old version of the Criminal Code into a modern and more up-to-date version. When the old Criminal Code is a legal product of Dutch heritage, the RKUHP must replace it, because it was originally made by Indonesian legal experts. The RKUHP covers many things and can improve criminal law in Indonesia.
The drafting of the RKUHP has taken years, even since the New Order era, there have been officials who have asked for the RKUHP to be made.
However, it was only during the leadership of President Jokowi that the RKUHP was seriously drafted and will be ratified, in order to secure the public from all criminal acts.
To draft the RKUHP, the government accommodates the community so that they can give suggestions, suggestions, and even criticism. The Coordinating Minister for Law, Security and Human Rights, Mahfud MD, stated that the RKUHP was prepared based on an agreement and was democratic.
However, a decision must be taken immediately because an agreement cannot be reached from the 270 million people of Indonesia.
Mahfud MD continued, the government makes decisions through the correct and constitutional process. If there are too many dialogues and discussions, it will not be finished quickly (the preparation and inauguration of the RKUHP). The plurality of the Indonesian nation makes a lot of ideas and the government has accommodated them, but there must be an agreement so that there is a final draft of the RKUHP and it is ratified by the Indonesian House of Representatives.
In a sense, Indonesia is a pluralistic country with Bhinneka Tunggal Ika. In just one island, the people’s thoughts are different and they have various ideas, suggestions and also criticisms for the RKUHP. The government provides space for the people to express their aspirations on the draft RKUHP on the government’s official website, as well as for them to read the original articles, not other versions.
However, the period of giving aspirations at the site is certainly limited because if you wait for the people to submit proposals one by one, it will be too long. Whereas the RKUHP has been drafted for years and should not just be a discourse.
Therefore, the government has adopted an agreement and will inaugurate the RKUHP in a moment. An agreement is a middle ground for this bill to be passed. Agreements must be made so as not to procrastinate, because the longer the inauguration, the more dangerous it will be. Both in terms of costs (for discussion and socialization of the RKUHP), as well as in terms of security.
Pluralism cannot be separated from Indonesia because it consists of many ethnic groups and backgrounds. But with pluralism, there is unity. The RKUHP accommodates this unity with one agreement, which of course has been approved by all Indonesian people.
If the RKUHP is enacted, it will protect the Indonesian people from criminal crimes. Security will be guaranteed because the RKUHP minimizes crimes such as adultery, domestic violence, and others. Indonesia will be safe thanks to this bill.
Meanwhile, BPHN Intermediate Main Advisor (National Legal Development Agency) Sumarno, MH, stated that the government needed input on the RKUHP. Not only from legal experts, but also from academics and society.
Therefore, BHPN intensively visited campuses to socialize the RKUHP. The event was designed to capture the aspirations of students and lecturers. They will understand the articles in the RKUHP and no longer consider them controversial, because they will be explained.
Aspiration screening is very important because students and lecturers can submit suggestions, proposals, and even criticism of the RKUHP. Suggestions will be accommodated and then voiced in the General Session of the DPR RI. Later, suggestions and criticisms will be considered in an article, so whether or not they are included in the RKUHP.
After the aspiration screening is complete, there is an agreement and must be obeyed by all Indonesian people. No one should protest, even playing the victim, or feel like they are in the minority, their voices are not being heard. If all aspirations are approved, it will be chaotic because they can be contradictory, therefore there must be an agreement.
Meanwhile, one of the articles contained in the RKUHP, which was protested by civilians, was the article regarding the performance of dental artisans. Finally an agreement was reached, where the dental artisans could still operate. However, he cannot work like a dentist, such as pulling teeth, installing braces, etc. He can only make and install dentures.
An agreement like this is what the government hopes for and makes the draft RKUHP even more perfect. Just waiting for the game date so that the RKUHP will be ratified as a new version of the Criminal Code.
The RKUHP will accommodate the agreement and diversity of the nation. In the preparation of the RKUHP there is indeed a screening of aspirations in the form of proposals, suggestions, and criticisms from the community. This proves that the government upholds democracy. However, to deal with the plurality of the nation, there needs to be an agreement, so that the RKUHP is immediately ratified.
)* The author is a contributor to Persada Institute
