The Birth of the National Criminal Code Becomes an Important Legacy, Academics: Create Reform of the Indonesian Criminal Law System
Padang — The birth of the National Criminal Code (KUHP) is considered by a number of legal experts to be a very important legacy for this nation in creating reforms to the Indonesian criminal law system.
Professor of Semarang State University (UNNES), Prof. Dr. Benny Riyanto emphasized that the old Dutch-era Criminal Code existed more than 100 years ago, but until now there has been no official translation, so many translations appear that have the potential to cause multiple interpretations.
“Apart from that, it does not yet reflect the nation’s cultural values, let alone reflect the state’s basic philosophy of Pancasila,” said Prof. Benny in a discussion held by the Indonesian Criminal Law and Criminology Society (Mahupiki) with Andalas University at the Santika Premiere Hotel Padang, Wednesday (11/01 /2023).
His party added that the passage of the Criminal Code by the public is often seen as a legal product that does not comply with procedures even though the process is clear.
“The answer is clear, since it was submitted again in 2015 by President Joko Widodo, there has been Presidential Decree 87 of 2014 concerning Regulations for Implementing Law Number 12 of 2011 concerning Formation of Legislation,” he added.
The urgency of replacing the old Criminal Code with the National Criminal Code is first because there has been a shift in the paradigm of justice. If in the past it used a retributive justice paradigm, now it has become corrective justice for perpetrators, restorative for victims and rehabilitative for both victims and perpetrators.
Not only that, Professor of Criminal Law at the University of Indonesia (UI), Prof. Dr. Harkristuti Harkrisnowo also stated that the new Criminal Code recognizes and respects customary law (delik adat) proportionately, but is limited by Pancasila, the 1945 Constitution of the Republic of Indonesia, human rights, and general legal principles that apply in a society of nations.
“The customary criminal law (delik adat) that applies is based on empirical research and will become the basis for the formation of regional regulations, enacting customary criminal law through regional regulations strengthens the position of customary criminal law. And the affirmation of customary criminal law makes these provisions have legal certainty,” said Prof Harkristuti.
Chairperson of the Indonesian Criminal Law and Criminology Society (Mahupiki), Dr. Yenti Garnasih even explained further that we do not want to be punished or take action by considering the lightness of the act, the personal circumstances of the behavior, the circumstances at the time of the incident and what happened next and the aspects of justice and humanity.
“This new Criminal Code is a guideline so that the law is not sharp downwards and blunt upwards, so that people can be protected. Insha Allah, this Criminal Code will be better,” said Dr. Yenti.
Furthermore, responding to the death penalty, his party supports the continued existence of the death penalty. However, with a penal arrangement that is postponed (suspended sentence), the delay is 10 years.
“Death penalty in this new Criminal Code, there will be an assessment, death penalty or execution, or life imprisonment, it is regulated,” he said.
Chancellor of Andalas University (UNAND), Prof. Dr. Yuliandri in his remarks at the Criminal Code socialization event revealed that with the presence of Law no. 1/2023 on the Criminal Code is able to mark the history of Indonesian law on how we reform and renew national law.
“There has been a transformation of criminal law, because so far we have used the Criminal Code from products of the colonial era,” he said.
Secretary General of the Indonesian Criminal Law and Criminology Society (Mahupiki), Dr. Ahmad Sofian said that the National Criminal Code prioritizes national values and adopts universal human rights values.
“Of course we are proud because this is the work of the nation’s children from across generations and is able to become the standard of life for the nation and state,” he said.
A number of these legal experts were present at the Socialization of the Criminal Code which was held in collaboration with the Indonesian Criminal Law and Criminology Society (Mahupiki) with Andalas University at the Santika Premiere Hotel Padang which was attended by the Head of the West Sumatra High Prosecutor’s Office (Kajati) Yusron, the West Sumatra Regional Police Chief (represented), the Head of West Sumatra District Attorney Hendra , S.IP., MM, Chairman of the High Religious Court of Padang Dr. Drs. H. Pelmizar, M.H.I., West Sumatra Kesbangpol Kaban Nazwir, Chancellor of Taman Siswa University, Expert Staff to the Governor of West Sumatra, Expert Staff to the West Sumatra DPRD, Dean of the Academic Community, Minangkabau Natural Indigenous Density Institute (LKAAM), Council of Indonesian Mosques, PWNU, Buya M Letter, KPNI , OKP colleagues, and a number of students.
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