By: Fabian Aditya Pratama )*
The Criminal Code is a newly passed regulation to replace the old version. The government opened wide space for discussion of the Criminal Code so that there are no misunderstandings in the community. Apart from that, socialization and discussion will make people understand more about the meaning of the articles in the new version of the Criminal Code.
December 6, 2022 is a historic day because the new Criminal Code was finally ratified. The new Criminal Code is a legal product made by Indonesian professors, and replaces the position of the old Criminal Code which was a legal product made by the Netherlands in the colonial era. With the new Criminal Code, it is hoped that criminal law in Indonesia will be better, because each article regulates people’s lives in more detail.
After the Criminal Code was ratified, dialogue and outreach sessions were held. The goal is for the public to understand the content and intent of the articles. The Criminal Code is a law that regulates society so it is hoped that all elements of society will succeed in the dialogue and outreach sessions.
Deputy Chairman of the MPR RI Lestari Moerdijat stated that the government opened the KUHP discussion room as wide as possible. The aim is to socialize and at the same time explain when there are pros and cons in public space. Especially those related to human rights (HAM).
In a sense, the government is holding dialogue and outreach sessions so that more and more Indonesian citizens understand the importance of the Criminal Code. The reason is because there are still some people who do not know why the Criminal Code must be replaced. This criminal law code must be replaced with a new one because the old one was a product of the colonialists, so Indonesia must be constitutionally independent.
When there is dialogue and socialization of the Criminal Code, the public will get the original contents of the articles so that they are protected from hoaxes and propaganda of the Criminal Code in cyberspace. Hoaxes are very dangerous because they are deliberately made by people who don’t like various government programs, including the ratification of the new Criminal Code.
Apart from that, the public can also meet with legal experts and academics who attend the dialogue and outreach sessions on the Criminal Code. If there are legal experts, they can explain the importance of the articles in the new Criminal Code. For example, the anti-adultery article. Apart from prohibiting adultery and maintaining public morals, this article also strongly opposes LGBT in Indonesia.
After socialization and dialogue on the Criminal Code, the public understands that this book was ratified at the right time. The passage was not rushed as some have accused. However, the time has come for the ratification of the Criminal Code, because the discourse and drafting process was more than 20 years ago (during the New Order era).
Lestari continued, the new version of the Criminal Code will update the criminal law in Indonesia. Meanwhile, the old Criminal Code still relied on colonial law. In a sense, people need to understand that the Criminal Code was changed because the old version was made during the Dutch colonial period, more than 100 years ago. The law must follow the dynamics of society, therefore the new Criminal Code was passed to adapt to the conditions of the Indonesian people.
Meanwhile, the Head of the Regional Office of the East Nusa Tenggara Ministry of Law and Human Rights, Marciana Dominika Jone, stated that her party was holding a dialogue and outreach session on the RKUHP. This event is held in person and virtually. The aim is to capture people’s aspirations regarding the RKUHP.
The dialogue session was attended by representatives from law enforcement, students, village and sub-district officials, as well as representatives of agencies in NTT. Socialization is carried out in a hybrid manner so that it can reach more people. It is hoped that they will understand what the urgency is in formalizing the RKUHP as a substitute for the old Criminal Code.
Community aspirations continue to be captured in dialogue and socialization of the RKUHP. The government intensified this event in various regions, which was organized by the Ministry of Justice and other state institutions.
With dialogue sessions and socialization of the Criminal Code, it proves that the government is upholding democracy in Indonesia. The reason is because a bill is clearly displayed, suggestions are allowed, as well as criticism. Upholding democracy occurs because people are allowed to make laws that regulate their own lives. Although in practice, this is represented by members of the DPR RI as people’s representatives.
Democracy is really enforced and this blows away the notion that the current government tends to be authoritarian. If it is authoritarian, then there is no discussion, dialogue, or socialization of the Criminal Code. There is no room for accepting aspirations, suggestions and criticism from the public. However, it was soon inaugurated. The government does not want to take this method because it is tantamount to betraying democracy.
The Criminal Code is a very important law because it regulates criminal law in Indonesia, and the government upholds democracy because it allows people to express their aspirations. In the dialogue and outreach sessions, the public will see more clearly the importance of the Criminal Code in regulating crime in Indonesia.
The government did not remain silent after the ratification of the Criminal Code. However, there are dialogue and outreach sessions so that people understand the importance of this rule. Criminal law in Indonesia will be more perfect thanks to the new version of the Criminal Code.
)* The author is a contributor to Nawasena Institute