Socialization of MAHUPIKI SUMUT: The New Criminal Code According to the Values of the Indonesian Nation
Medan-Indonesian Criminal Law and Criminology Society (MAHUPIKI) of North Sumatra Province has held a socialization event on the new Criminal Code (KUHP) located at the Grand Mercure Hotel Medan Angkasa, North Sumatra, on Monday (9/1/2023). MAHUPIKI North Sumatra collaborates with several universities in North Sumatra, including the Academic Community of the Faculty of Law, University of North Sumatra and the Academic Community of the University of Medan Area.
In his remarks, Chairman of MAHUPIKI North Sumatra, Dr. Rizkan Zulyadi stated that all Indonesian people should be proud of the birth of the National Criminal Code because it contains a balance between obligations and human rights. This new or national Criminal Code is able to accommodate all groups and levels of society and can uphold the dignity of the children of the Republic of Indonesia. There is still turmoil over issues related to certain or crucial articles that should be addressed through discussion with experts or appropriate forums so that constructive results can be obtained.
“We must be proud that the Criminal Code is a product of the nation’s children and one of the things that differentiates the new Criminal Code is that it contains a balance between human rights and their obligations. This means that the aspects discussed are not only how we demand human rights, but also discuss their obligations,” he said.
Meanwhile, the Dean of the Faculty of Law, University of North Sumatra, Dr. Mahmul Siregar said that for a very long time the people had been waiting for the renewal of the Dutch product Criminal Code with the original legal system made by the nation’s children. Furthermore, according to him, with the existence of this National Criminal Code, there are many differences in it and far more spurring a spirit of unity and upholding diversity.
The speakers at the Socialization of the new Criminal Code included Professor of Criminal Law, Faculty of Law, Diponegoro University, Semarang, Prof. Dr. Pujiyono, SH. M.Hum, Professor of Criminal Law at Gadjah Mada University (UGM), Prof. Dr. Marcus Priyo Gunartorof and University of Indonesia academic, Dr. Surastini Fitriasih.
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.
As is known, the main source of the old Criminal Code was the Dutch Criminal Code or Wetboek van Strafrecht voor Nederlandsch. He considered that the values contained in the Dutch-made Criminal Code were irrelevant to the values that existed in 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.
He also added that the drafting of the new Criminal Code always prioritizes the basic values of Pancasila that apply in Indonesia.
“Pancasila is the basis for justification, the enforcement of a norm, whether it is adapted from national values or global values,” said Prof. Pujiyono.
This new Indonesian-made Criminal Code is a necessity so that the process of enforcing criminal law in Indonesia will be more just and in accordance with the prevailing customs in today’s society.
Another guest speaker, Prof. Dr. Marcus Priyo Gunarto explained that there was a fundamental reform in the National Criminal Code to replace WvS made in the Netherlands, namely that it did not directly fight the perpetrators of crime, but instead was oriented towards making improvements to the perpetrators.
Not only that, but the National Criminal Code also stipulates restrictions on the arbitrariness of the authorities or the community to take justice into their own hands.
“In the context of this protection, the criminal law regulates or limits the arbitrariness of the rulers and members of the vigilante community. One example is regarding cohabitation, there are people who believe cohabitation is prohibited, but there are certain groups of people who still do it. Then there are also other community groups who carry out vigilante raids. When it is determined as a complaint offense, it is limited who has the right to submit a complaint, it becomes a middle way,” added Prof. Marcus.
Meanwhile, dr. Surastini Fitriasih, who was also a resource person at the socialization, explained that this article also protects women’s matters and is also a middle way for heterogeneity in Indonesian society.
“In the cohabitation article, it is clear that there is protection for the rights of women or children who may be born as a result of the act of cohabitation. This article is the middle ground for debate in a very heterogeneous society. Apart from that, there are conditions that can be processed if there is a complaint,” said Surastini as the last speaker.
