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Undip Professor Explains the Urgency of the New Criminal Code in the MAHUPIKI Socialization Event

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Padang, West Sumatra – The Indonesian Criminal Law and Criminology Society (MAHUPIKI) held a socialization event for the new Criminal Code (KUHP) located at the Santika Premier Hotel. West Sumatra, Padang, on Wednesday (11/1/2023).

Acting as a resource person, Professor of Law at Diponegoro University (Undip) Benny Riyanto explained that the new or national Criminal Code has several changes, especially in the number of books where the new Criminal Code is a simplification of the WvS Criminal Code.

“In the WvS Criminal Code there are three books, book I deals with general provisions, book II deals with crimes, and book III deals with violations. However, with our new Criminal Code, a simplification is carried out so that the crimes and violations are merged into book II, which is called a crime,” he explained.

Prof. Benny also explained that the new Criminal Code has a larger number of articles than WvS, however, the number of articles contained in book 1 of the Criminal Code regarding general provisions is not the crime.

He added that book II of the new Criminal Code regarding criminal acts has fewer articles than book II and book III of the WvS Criminal Code.

“So it is not true to say that our new Criminal Code regulates too many actions that are made into criminal acts,” said Prof. Benny Riyanto.

Prof. Benny revealed that the new Criminal Code (KUHP) has followed the paradigm shift in criminal law.

“The development of national and international criminal law has seen a shift in the paradigm of justice, what used to be justice that was sought was retributive justice or revenge justice, but this shift has become what seeks corrective justice for perpetrators, restorative for victims, and rehabilitative for both victims and perpetrators,” said Prof. Benny.

Meanwhile, Chairman of MAHUPIKI Yenti Ganarsih explained that the new Criminal Code considers the principle of balance to the recodification of open and limited criminal law.

“Criminal law is for protection or to protect the state, society and individuals,” said Dr Yenti.

“This open and limited recodification of criminal law is relevant to the growth of criminal law outside the Criminal Code,” he continued.

On the same occasion, Professor of criminal law from the University of Indonesia, Prof. Harkristuti Harkrisnowo SH, MA, PhD, who is also a member of the drafting team for the new Criminal Code, conveyed several crucial issues contained in the new Criminal Code.

One of the actual issues that has received a lot of public attention is regarding abortion, where according to him the article on abortion is still needed.

“Abortion which is regulated in the current Criminal Code articles 346 to 349 is an offense that originated in the Dutch era, and we consider this to be necessary even though later we put an exception,” he said.

Abortion is permitted with the exception of medical emergency indications or the woman is a victim of rape or sexual violence which results in a pregnancy with a gestational age of no more than 14 weeks.

The establishment of a national Criminal Code is a very big step, because it is a historical milestone and also very worthy of pride for all parties because it will bring criminal law reform in Indonesia.

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