The National Criminal Code Has a Paradigm of Privacy and Human Rights Protection
By: Dwi Cahya Alfarizi)*
The national Criminal Code (KUHP) has a very different paradigm from the Dutch-era Criminal Code, which in this legal system made by the nation’s children clearly still accommodates the protection of people’s privacy and adjusts to the protection of certain values. Not only that, but related to human rights are also increasingly accommodated in the national Criminal Code.
The use of the old Criminal Code from the Dutch Colonial era is no longer relevant to continue to be applied in Indonesia. In fact, it is not only irrelevant, but there is also absolutely no clear regulation of the balance between the interests of society and also individual interests or what is commonly referred to as mono-dualistic balance.
Responding to this, a legal expert who is also a Professor of Criminal Law from the University of Jember, Porf. Arief Amrullah emphasized that the new national Criminal Code which was ratified by the Republic of Indonesia’s House of Representatives (DPR RI) some time ago clearly has an advantage when compared to the old Criminal Code, namely that it has a balanced content.
He stated that the balance of content was what distinguished the national Criminal Code from the old Dutch-made Criminal Code and was also an advantage of the nation’s original legal system. How could it not be, the article in it pays great attention to the objective aspect of the act, but also pays attention to the subjective aspect of the perpetrator in the criminal law.
So, automatically the existence of the new Criminal Code contains a balance between Human Rights (HAM) and also Human Rights obligations, so that it does not only demand rights, but also demands obligations, which is very different from the paradigm in the old Criminal Code.
In the same vein, the Deputy Minister of Law and Human Rights (Wamenkumham), Edward Omar Sharif Hiariej also argued that the national Criminal Code had indeed abandoned the old criminal law paradigm, which seemed to place criminal law only as a means of revenge.
Meanwhile, the latest national Criminal Code has implemented a far more modern paradigm of criminal law. He stated that the national Criminal Code was no longer oriented towards retributive justice, namely justice that prioritized revenge, but had a paradigm of corrective justice, restorative justice and also rehabilitative justice.
Meanwhile, the Minister of Tourism and Creative Economy (Menparekraf), Sandiaga Uno explained that the protection of the privacy of all people in the country, including foreign tourists, is highly protected by the new Criminal Code. So that his party is actually interested in visiting tourists to Indonesia is still very high.
He immediately dispatched a team to carry out monitoring, and it was reported that there had not been any cancellation of visits by foreign tourists to the country after the ratification of the national Criminal Code. All stakeholders, from travel agents to tour operators and airlines, all stated that there were absolutely no cancellations.
On the other hand, the spokesperson for the National Criminal Code Outreach Team, Albert Aries, explained that the new Criminal Code accommodates two things at once, mainly in Article 441 concerning adultery. These two things are respecting the values of marriage that exist in Indonesia but also being able to continue to maintain the space of privacy from the public.
These two things, namely protecting the value of marriage and at the same time being able to maintain privacy because there is absolutely no legal process, but beforehand there must be a complaint from a party that has been regulated and has the right to complain, such as a husband or wife for those who are married, as well as parents or children for those who are not married.
Thus, it is very clear that the existence of a national Criminal Code is actually an answer and also a middle way solution between community groups who strongly support the existence of the Adultery Law and on the other hand people who actually want the state not to interfere and instead protect the private affairs of its citizens.
Not only that, but Albert also stressed that the new Criminal Code would not be implemented right away, but would still be implemented in the next two years, namely in 2025. So that during the transitional process, the government continued to ensure that it was not only socialization and only the substance of the Criminal Code is carried out, but also continues to maintain stability in the tourism and hospitality business activities and other related aspects to be able to run as it is now.
