By: Alvin Aldisasmita)*
Criminal law is the last legal remedy in resolving a case. The function of the Criminal Code (KUHP) itself is to protect the community from crime and as a balance and harmony in social life.
This time, the government is trying to revise the Criminal Code because the Criminal Code that has been used so far is a Dutch heritage, where in the Netherlands the Criminal Code itself is no longer used.
Of the many advantages contained in the RKUHP, 17 of them talk about the starting point of the principle of balance, the re-codification of criminal law, the objectives and guidelines for punishment, as well as being a consideration for judges before imposing a sentence.
Another advantage is the determination of criminal sanctions with the modified delphi method, the decision of forgiveness by the judge, corporate criminal liability, prioritizing lighter principal crimes and expansion of the types of principal crimes.
Then the next advantage is, there is a division of crimes and actions into 3 groups (general, children, corporations), regulates fines, conditional imposition of capital punishment and prevents the imposition of a maximum imprisonment of 5 years.
Another advantage is the existence of alternative arrangements for imprisonment in the form of fines, supervision crimes and social work crimes, regulating criminal penalties and actions as well as regulating absolute liability and substitute liability.
In the drafting of the RKUHP, the government also opens space for the entire community to participate in submitting input on various articles in the RKUHP through the PARTICIPASIKU platform.
On the other hand, the new RKUHP is considered to have better legal firmness and justice than the previous legal product.
DR. Surastini Fitriasih, SH. MH, as a lecturer at the Faculty of Law, University of Indonesia, said that the advantage of the Criminal Code Bill is in the alternative of sanctions. Imprisonment can be replaced with fines, fines can be replaced with supervision or social work.
One of them is the act of kidnapping. In the new Criminal Code, these actions cannot always be considered as criminal acts. In the article, it has been explained that there is a prohibition on vagrancy which is a limitation to maintain public order. So the sanction is not deprivation of the right to independence, but only a fine or other alternative sanctions.
The government is also considered serious in perfecting this policy by involving all components of the nation to discuss it. This step is believed not only to provide concrete legal certainty, but also to bring Indonesia to produce modern laws and reflect the noble values of the nation.
Yasonna H. Laoly as Minister of Law and Human Rights (Menkumham) said that the RKUHP by the Indonesian people is a symbol of an independent and sovereign nation’s civilization. He also said that it was time for Indonesia to leave the Criminal Code, which was a product of the Dutch colonialism.
The National Criminal Code Bill which was drafted as a symbol of the civilization of an independent and sovereign nation so that it should be built and formed by prioritizing the principle of nationalism.
Yasonna also hopes that with the socialization of the RKUHP, the public will have a comprehensive understanding of the aims, objectives, principles and contents of the RKUHP to expedite the process of discussing the RKUHP in the DPR RI.
With the public’s understanding of the RKUHP, it is hoped that it will have a significant effect on the smooth process of discussing the RKUHP in the DPR RI. This smoothness will of course lead to a decision on the approval of the RKUHP to become the Criminal Code. He also hopes that this legal product from the Netherlands can be changed with the work of the nation’s own children.
Yasonna also appreciated all the people who had participated in the preparation of the RKUHP. Therefore, differences in understanding and opinions in the regulation of the RKUHP are positive contributions and the government needs to respond to them by conducting a comprehensive and comprehensive dialogue from all elements of the nation.
Regarding public participation in the RKUHP, Yasonna revealed that in 2021, the government had carried out public dialogues held in 12 cities in Indonesia after experiencing delays in 2019.
In 2022, the government will again carry out public dialogue in 11 cities in Indonesia in the context of meaningful public participation. He also emphasized that the key to the success of the formulation of the law lies in the socialization that needs to be done massively.
Meanwhile, the Special Staff for the Chairman of the BPIP Steering Committee, Antonius Benny Susetyo, pushed for the RKUHP to be ratified immediately. The reason is that the Criminal Code, which is a colonial product, is no longer relevant to the values of Pancasila.
In the current Criminal Code, there is also an imbalance of domination, where this legal product is used by the colonials to oppress the small people. This, of course, has to be changed.
