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The National Criminal Code Guarantees the Equality of Officials in the Eyes of the Law

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By : David Falih Hansa )*

The ratification of the National Criminal Code (KUHP) by the DPR RI some time ago has been able to guarantee the equal status of all state officials before the law. Because the National Criminal Code continues to uphold democratic values in Indonesia.

It is contained in the 1945 Constitution of the Republic of Indonesia that in Article 27 paragraph (1) it has expressly stated that all citizens have the same position before the law, this is also widely referred to as the concept of equality before the law, which which is a norm that is able to protect the human rights of citizens.

Not without reason, because there is equality before the law, which means that every citizen must be treated very fairly by all law enforcement officials and the government, even if he is an official.

Universally, Equality Before The Law has become a legal and state principle which requires that the law be enforceable for everyone without exception. Then textually, the rule emphasizes that the rule of law applies to everyone where the law applies.

So that if someone, regardless of their status, violates a legal provision in a certain area, then they can be tried and processed according to the law in force in the area where they violated it. So it is clear that access to justice for all Indonesian people in the eyes of the law is indeed something very essential.

In addition, in the framework of realizing state justice, all law enforcement officers are obliged to provide the same service to all Indonesian citizens, including obtaining legal aid because it is a constitutional matter for every citizen, even the poor.

For the implementation of effective legal aid for all parties, Legal Aid Organizations (OBH) whose job is to carry out assistance in the Implementation of Legal Aid for poor people/poor groups of people must also be supervised monitoring and also evaluating the implementation of legal aid that they do so that it is truly can ensure that everything runs optimally and on target.

Meanwhile, recently the public has also been very concerned about the existence of an article in the National Criminal Code (KUHP) that was just passed by the House of Representatives of the Republic of Indonesia (DPR RI) regarding the article on insulting officials, organizations or state institutions to the President and Vice President of the Republic of Indonesia. .

Regarding this matter, a Communicologist from Mercu Buana University, Emrus Sihombing emphasized that this view is very strong with a ‘political framing’, especially from those who are the opposition to the recently passed Criminal Code. In fact, according to him in the National Criminal Code there is absolutely not a single article that explicitly mentions this.

In fact, the National Criminal Code is a legal product made by the nation’s children which is very productive in nature when compared to the old Criminal Code which was a product of the Dutch colonial era several hundred years ago.

Furthermore, Prof. Emrus added that it is impossible for Indonesia to have a government that has been in power for generations or with a democratic system. The reason is, it is clear that Indonesia itself is a country that adheres to a democratic system within it, so that there will continue to be elections for the President who are elected through General Elections every five years.

Therefore, it is clear that there are accusations that this legal product of the National Criminal Code is just a ‘tool’ to continue to maintain power is a very contradictory framing. Because, in Indonesia itself it is clear that the position as President can only serve for two periods or 10 years at most.

Not only that, but the period of authority possessed by all public officials in Indonesia also has a limited time and is not an eternal thing. When an official is no longer in office, then their position is the same as ordinary people who of course can also be subject to punishment under the law because of the actions they have committed.

It is very clear that the National Criminal Code is not a ‘tool’ to perpetuate power and also makes all state officials or organizations and institutions suddenly ‘impunity’. Precisely here, there is equality in position in the eyes of the law because it has been stipulated in the 1945 Constitution.

One concrete example is when there is an official who violates the law, such as a minister who commits corruption, then he immediately gets permanent status as a convict for committing this corruption crime.

The equal position of every Indonesian citizen, even including high-ranking state officials, is completely equal in the eyes of the law. Because this has been contained in the 1945 Constitution, coupled with the ratification of the National Criminal Code which further guarantees that democratization will occur in Indonesia.

)* The author is a contributor to Persada Institute

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