By: Dina Kahyang Putri )*
The new Criminal Code (KUHP) was ratified on 6 December 2022 by the Indonesian Parliament. The people have been waiting for its ratification, because finally Indonesia has its own criminal law book. The drafting of the Criminal Code was not in a hurry because the plan for its creation had existed since the New Order era. So it is not true if someone accuses the government of forcing itself to pass the Criminal Code too quickly.
Indonesia finally has its own criminal law code (KUHP) in 2022. This Criminal Code has various articles that will protect the people from criminal crimes, and follow the dynamics of modern society. This book was compiled by Indonesian legal experts so they understand the culture and situation of Indonesian society.
But unfortunately there are a handful of people who allege that the drafting of the Criminal Code was too hasty, even forced. The reason is because the ratification of the RKUHP to become the Criminal Code was carried out before the DPR RI recess period. Even though the drafting had existed since the 60’s, during the New Order era.
According to history, in 1963 there was already an idea for the drafting of a Criminal Code Bill during the First National Law Seminar. Then in 1964 a team for drafting the Criminal Code was formed. A number of legal experts were involved in drafting the Criminal Code. Among them were Prof. Soedarto (late) and Prof. Roeslan Saleh (late).
The substance of the Criminal Code currently refers to the seminar. Among them are the addition of offenses (criminal acts), economic offenses, crimes against state security or ideology, customary law, and decency. Then added to the articles regarding corruption, the offense of spreading hatred against the government, insulting the head of state and his deputy, etc.
The drafters of the new Criminal Code include Prof. Muladi, a legal expert from the University of Indonesia. There is also Prof. Nyoman Putra Jaya, Prof. Harkristuti Harkrisnowo, and Dr. Muzakkir. All of them are competent legal experts. Drafting of the Criminal Code must be Indonesian, who understands the condition of Indonesian society.
Then, the draft of the new Criminal Code was submitted to the Indonesian Parliament in 2015 and 2017, but did not get approval. Only in 2022 will the new version of the Criminal Code be refined again and the socialization and dialogue sessions will be held. In this session the people can provide input and criticism.
After receiving various inputs from the public, the DPR RI annulled several articles in it. Then, in early December 2022 the new Criminal Code was ratified and must be applied throughout Indonesia.
Therefore, it would be inappropriate if someone accused that the drafting of the Criminal Code was too hasty. It is true that the ratification schedule is August 17, 2022, as a birthday present for the Republic of Indonesia. However, President Jokowi stated that there needs to be socialization and dialogue so that people understand the new Criminal Code.
It could be those who think that the preparation of the Criminal Code was too hasty because he saw from August to December 2022. Even though the drafting had existed since the 1960s, alias during the New Order era. In the years of preparation, chapters were continually added to and refined. The goal is to improve criminal law in Indonesia.
The drafting of the Criminal Code has never been rushed because the government wants to make the criminal law book as perfect as possible. Therefore the makers are many senior legal experts in Indonesia. One of them is Prof. Muladi, who had served as Minister of Justice during the New Order era.
A new Criminal Code needs to be drawn up because the old Criminal Code was a product of law during the Dutch colonial period. When they were still colonizing Indonesia (formerly called the Dutch East Indies), on January 1, 1918 the Criminal Code was mandatory. The source of the Criminal Code, which is Dutch law, is called Wetboek van Strafrect voor Nederlandsch Indie .
Therefore, the government took the initiative to improve Indonesia’s original criminal law. the cause was because the law made in the Netherlands was made to punish colonized people (natives) so that the articles were based on revenge. Even though this is not in accordance with substantial and restorative modern law.
Deputy Minister of Law and Human Rights Prof. Edward Omar Sharif stated that a new Criminal Code was needed because the Indonesian people had been using the old Criminal Code which was uncertain. In a sense, the old Criminal Code was still in the form of a book in Dutch and there was no official translation.
So that each judge translated the old Criminal Code with their own understanding. This will cause confusion because there may be different interpretations. The law becomes uncertain and will confuse the people. Even though the law cannot be like that and a case cannot get different sentences.
The Criminal Code was not drafted in a hurry because it had been drafted since the era of former President Soeharto and then former President Susilo Bambang Yudhoyono. It was only in the era of President Jokowi that the Criminal Code was passed by the Indonesian Parliament. No one will accuse it of being a hasty product, due to the fact that this book was compiled over decades.
When the new Criminal Code was passed, there were various public opinions. Many agree because it is a legal product made in Indonesia. But there are a handful of people who accuse it of being a product of hasty law. In fact, the Criminal Code has been drafted for a long time and the draft continues to be perfected, thus protecting the people from criminal crimes.
)* The author is a contributor to Persada Institute
