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Appreciate the New Criminal Code Based on Pancasila

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By: Giana Andriani ) *

The new Criminal Code (KUHP) is being disseminated to all elements of society, including law enforcers. Socialization regarding the new Criminal Code will continue to be carried out for the next three years. Socialization of the new Criminal Code to law enforcers and the courts was carried out because it relates to the objectives and guidelines for sentencing , especially regarding the determination of decisions. The new Criminal Code is needed as a guideline to maintain the honor of the court.

As is well known, President Joko Widodo has officially ratified the new Criminal Code (KUHP) to become a Law (UU) on January 2, 2023. The new Criminal Code consists of 37 chapters, 624 articles and 345 pages which are divided into two parts, namely the article and explanatory parts.

With the passage of this new Criminal Code, Indonesia finally has a criminal law regulation that is generalist in nature and designed by itself after being declared independent in 1945. The new Criminal Code will replace the old Dutch-era Criminal Code, which is considered to be no longer relevant to the current developments and conditions of Indonesian society.

Previously, the Criminal Code in force in Indonesia came from the Netherlands and had the original name Wetboek van Strafrecht voor Dutch Indie ( WvS ). WvS was adopted into national law through Law Number 1 of 1946 concerning Criminal Law Regulations. Efforts to reform the Criminal Code began in 1958 which was marked by the establishment of the National Legal Development Institute (LPHN). Then in 1963 the First National Law Seminar was held which resulted in various resolutions, among others, to formulate the National Criminal Code.

For this reason, the Indonesian Criminal Law and Criminology Society (MAHUPIKI) held socialization of the new Criminal Code which was implemented in Ternate, North Maluku. This socialization of the new Criminal Code is intended to educate the public regarding the new or national Criminal Code which was created based on the noble values of Pancasila. On the side On the other hand , the socialization of the new Criminal Code is also an introduction to the articles in the new Criminal Code which are considered to have undergone a paradigm shift.

The socialization which was held on Monday, January 30 2023 presented various speakers, one of which was a Criminal Law Specialist at Gadjah Mada University (UGM), Prof. Dr. Marcus Priyo Gunarto . In his socialization , Prof. Dr. Marcus Priyo Gunarto said that the recognition of customary law and customary offenses which are characteristic of the criminal law of the Indonesian nation because customary offenses have been recognized by the state since independence . Customary law is also the pinnacle of culture that must be recognized if it is consistent with Bhinneka Tunggal Ika.

In addition, there are only two books in the national Criminal Code, namely general provisions and criminal acts, while the colonial Criminal Code has three books. In the new Criminal Code that the attempt is only punishable by a fine of category two out of eight categories of fines. The prominence of justice above legal certainty. This principle lives on in unwritten judicial doctrine and practice.

The Criminal Code is a large book containing articles that regulate criminal law in Indonesia. The new Criminal Code which is already legal, replaces the position of the old Criminal Code. However, there are still many people who do not know that the old Criminal Code, which has been used as a legal guideline for decades, is a translation of Dutch law when it colonized Indonesia. In fact, it is over 100 years old.

The new penal code would bring about changes to modern law and remove colonial-style punishments that emphasized corporal punishment and revenge. This new Criminal Code Law will bring Indonesia to a modern penal code. The characteristics of modern law reflect more on the values of the Indonesian nation which are sovereign, civilized and uphold human values.

In this regard, Acting Director General of Laws and Invitations of the Ministry of Law and Human Rights Dr. Dhahana Putra appreciated the existence of a national Criminal Code. According to him, the idea of replacing the Criminal Code originating from the Dutch colonial product WvS has been around for a long time. In the colonial Criminal Code, the approach used was that all crimes were criminal acts, so that over-capacity in prisons was not in accordance with societal conditions. Therefore, a modern legal paradigm is needed that can provide alternative sanctions which have so far been accommodated in the national Criminal Code.

The national Criminal Code, which was passed in December 2022, has also been strictly discussed and implemented for a long time. The discussion had started since 1963 and involved various leading legal experts. Thus, the issue that the national Criminal Code was passed in haste is a wrong issue which is not true at all.

Meanwhile, the Chair of the Academic Senate of the Faculty of Law, University of Indonesia, Dr. Surastini Fitriasih considers that the rationale for the provisions of the Criminal Code regarding Crime and Punishment views that Retributive or Retaliation or Lex Talionis must be abandoned. In addition, local wisdom needs to have a place to explore traditional values.

For this reason, the socialization of the new Criminal Code is an important step in realizing a modern Indonesian criminal law system based on the noble values of pancalisa . With the socialization organized by MAHUPIKI, it is hoped that it can become a form of education to all elements of society that Indonesia already has a National Criminal Code which is based on Pancasila and national values.

)* The author is a student at Halmahera University

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