The National Criminal Code Provides Concrete Legal Certainty in Indonesia
By : Arsenio Bagas Pamungkas )*
Fundamental changes in the National Criminal Code are very capable of providing and bringing about concrete legal certainty in Indonesia, because so far when it was still using the legal system inherited from the Netherlands there were still many multi-interpretations.
The National Criminal Code (KUHP) is a set of regulations or the newest legal system that has been officially ratified by the Government of the Republic of Indonesia (RI) through the People’s Representative Council (DPR RI) to replace the existence of the old Criminal Code from the Dutch colonial era.
Regarding this matter, the Chairperson of the Indonesian Criminal Law and Criminology Society (Mahupiki) of North Sumatra, Rizkan Zulyadi explained that with the birth of a legal product that is truly original made by the nation’s children, all Indonesian people should be very proud.
Not only that, but he also explained that there were several reforms that distinguished the National Criminal Code from the Dutch-era Criminal Code, one of which was the legal system made by the nation’s children which contained a balance between human rights (HAM) and their obligations. This means that the aspects discussed in the National Criminal Code do not only demand human rights, but also discuss their obligations.
Meanwhile, the Dean of the Faculty of Law (FH) of the University of North Sumatra (USU), Mahmul Siregar also added that indeed, for a long time, all the people of the country have longed for a basis or concept of national law that is very in line with the dynamics of the times.
According to him, the dream of the Indonesian people for a very long time to immediately replace the Dutch colonial product Criminal Code was realized because the discourse on the National Criminal Code itself had existed since 1992. Apart from that, for him, the National Criminal Code is the basis for the birth of a spirit of unity, making Indonesian society more advanced and also upholding diversity.
On the same occasion, Diponegoro University (Undip) Faculty of Law (FH) Professor, Prof. Dr. Pujiyono explained that several aspects that formed the basis of the formation of the National Criminal Code were already oriented towards modern legal schools, which allowed criminal law to be oriented not only to perpetrators, but also to victims.
So, according to him, the National Criminal Code contains the basic state values of Pancasila, is able to continue to maintain the mono-dualistic balance adopted by Indonesia and is also very much in line with scientific or theoretical developments and dynamics in society.
Prof. Pujiyono added that because the entire process of making the National Criminal Code took a very long time, so far indeed, the Government of the Republic of Indonesia (RI) continues to strive to be able to absorb all forms of aspirations from many elements of society.
Not only that, but the criminal law system that runs in the National Criminal Code also uses a very humane approach because it is able to be oriented to many points of view, starting from the perpetrators, victims and also the affected community. This is capable of opening new spaces or things in order to continue to guarantee legal certainty and renewal in the country.
On the other hand, Professor of the Faculty of Law (FH), Gadjah Mada University (UDM), Prof. Dr. Marcus Priyo Gunarto at the event organized by Mahupiki regarding the socialization of the National Criminal Code (KUHP) also explained that there were the most fundamental changes, which are in Book 1 because it started with a change in the criminal paradigm with an agreement on the concept that punishment is a tool to achieve a goal. So, according to him, with this change in the basis of thinking, it is capable of changing all types of orders in the context of criminal justice.
Then, another speaker who also attended the event, namely a Lecturer at the Faculty of Law (FH) at the University of Indonesia, Dr. Surastini Fitriasih explained that so far there are still pros and cons that have occurred in society regarding the birth of the National Criminal Code. According to him, there are not a few articles that are in the public spotlight.
However, for him, it is precisely the crucial issues that continue to be highlighted that occur because the public still does not fully understand the National Criminal Code, especially in relation to the explanation of how the legal system created by the nation’s children is enforced or implemented.
In fact, according to Dr. Surastini, the National Criminal Code does not only provide concrete legal certainty, but is also able to bring Indonesia to be able to produce a modern law that really reflects the nation’s noble values,
Legal certainty has indeed so far become a fairly basic problem experienced by the Indonesian people. This was as a result of the old Dutch colonial-made Criminal Code still being in effect because it did not have a legal and clear translation at all, so that it could give rise to various interpretations. Therefore, the birth of the National Criminal Code with all its amendments to replace the Dutch-made legal system was able to provide very concrete legal certainty for the enforcement of criminal law in the country.
)* The author is Persada Institute
