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RKUHP Provides Clear Guidelines for Law Enforcement


By : Bima Prakarsa *)

The Draft Criminal Code (RKUHP) is a draft law that was prepared with the aim of updating the Criminal Code originating from Wetboek van Srafrecht voor Nederlandsch , as well as to adapt to legal politics, conditions, and developments in the life of society, nation and state at this time. this. Basically, the RKUHP provides clear guidelines and acts as a regulation or regulation that not only provides firmness, but also justice for law enforcement in Indonesia. One of them is the existence of alternative sanctions for perpetrators of criminal offenses.

The RKUHP was drafted with the aim of regulating the balance between public or state interests or individual interests, between the protection of perpetrators against perpetrators and victims of criminal acts, between elements of actions and mental attitudes, between legal certainty and justice, between written law and the law that lives in society, between national values ​​and universal values, as well as between human rights and obligations. The government is serious about perfecting this policy, by involving all components of the nation in various discussion forums and socialization activities. This step is believed not only to provide concrete legal certainty, but also to bring Indonesia to produce modern laws and reflect the noble values ​​of the nation.

Member of Commission III DPR RI, Johan Budi S. Pribowo emphasized the importance of the RKUHP to be ratified immediately. Even so, he assessed that there is still a need to reopen the space for the public to provide input in the discussion of the policy , which will serve as a guide to criminal law in Indonesia. Johan Budi said that the discussion of the RKUHP had long been carried out through mechanisms that were in accordance with the provisions of the law.

 Meanwhile, the Spokesperson for the RKUHP Socialization Team of the Ministry of Law and Human Rights (Kemenkumham), Albert Aries, SH, MH, asked all elements of the nation including the community to continue to be involved in providing input on the improvement of the regulation, before it was passed into law. His party is also optimistic that the opening of public communication and dialogue will not only strengthen it, but most importantly the public understands the articles of the RKUHP before they are passed into law.

University of Indonesia academic, Dr. Surastini Fitriasih, SH, MH, said that there are still a number of articles that are crucial issues and need to be discussed to be clearer. These issues include the law that lives in society ( the living law ), capital punishment, attacks on the dignity of the president and vice president, contempt of court related to direct publication is not allowed, fraudulent advocates can potentially be biased against one of the enforcement professions. only laws are regulated and proposed to be abolished.

The RKUHP itself is a carry over from the 2014-2019 DPR RI decisions, the discussion of which remains to be continued in the discussion at Level II, namely approval at the DPR Plenary Meeting. Based on the carry over decision , the Government was asked to re-socialize the substance of the RKUHP so that the public fully understands the changes in the RKUHP and understands how important it is for Indonesia to have its own legal product in accordance with current developments.

The socialization was carried out through public discussions in various regions where as a result, the Government reformulated and provided explanations for controversial articles in the RKUHP. After the socialization stage, the Government handed back the latest draft of the RKUHP to the DPR which contained an explanation of 14 crucial points as part of the improvement of the RKUHP.

The 14 crucial issues referred to are articles of law that live in society ( Living Law ); death penalty; attack on the dignity of the President and Vice President; declare oneself to be able to commit a crime because it has supernatural powers; a doctor or dentist who performs his work without permission; contempt of court or regulates contempt of the judicial process; birds that destroy the gardens sown by seeds.

In addition, there are also articles regarding fraudulent advocates; blasphemy of religion; animal abuse; contraceptives and abortions; abduction; abortion; adultery, cohabitation, and rape. Johan Budi said that there was input from the Government on 14 crucial issues in the latest draft of the RKUHP. One of them is the abolition of a number of articles based on considerations from the results of public discussions.

The RKUHP is the right formula for the Indonesian people in general to organize the law enforcement system in the future and ensure the community’s sense of justice. The RKUHP is believed to be able to encourage the implementation of law in Indonesia with better quality in the future. The importance of educating the public through socialization, especially on the 14 crucial issues of the RKUHP, must be intensified so that the public can understand the substance more thoroughly, this can be carried out by the Government through the Ministry of Law and Human Rights.

The RKUHP is believed to be very in line with the current state of Indonesian society, modern and of course containing Indonesian values. The RKUHP provides clear guidelines for law enforcement in Indonesia, which upholds the principles of justice and democracy.

)* The author is a contributor to Pertiwi Institute

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