Avoid Interpretation Mistakes, the Government Massive Socialization of the New Criminal Code
By: Rani Ananda Julia
The birth of a new Criminal Code (KUHP) is a manifestation of the overall reform of the National Criminal Law system. This is an opportunity to create a comprehensive National Criminal Law system based on Pancasila values, national culture, and universal human rights. Apart from that, the new Criminal Code is a masterpiece in criminal law in which all legal norms originate from Pancasila as the ideology and way of life for the Indonesian nation.
The new Criminal Code itself comes into force after three years from the date of promulgation. During these three years socialization must be carried out to all components of society. Socialization will certainly play an important role in effectively enforcing a law and policy product. During the socialization, it will contain a number of important functions, including educational functions, aspirations and perceptions.
With the passage of the new Criminal Code, it is hoped that the law in Indonesia will be more just and modern in keeping with the current situation. The ratification of the new Criminal Code is a historic moment in the administration of criminal law in Indonesia. Because previously Indonesia used the Dutch colonial heritage Criminal Code which was deemed irrelevant to the current situation of society in Indonesia. Therefore, the presence of the new Criminal Code is expected to be able to make the legal climate in Indonesia even better in the future.
After the ratification of the new Criminal Code, socialization must be massively intensified, so that there are no misperceptions in understanding among the public. Apart from that, by conducting socialization, the articles contained in it can be understood so that they are not misinterpreted, as well as increasing public understanding of the importance of adaptation to the new Criminal Code, so that it is more in line with the current dynamics of society.
Acting Director General of Laws and Regulations of the Ministry of Law and Human Rights , Dr. Dhahana Putra, during the socialization of the Criminal Code in Ternate, said that there are five missions of the new Criminal Code, namely the first is open recodification and also admits that other laws are related to criminal provisions. The second is that harmonization is also quite interesting when Indonesia has a commitment related to human rights. .
With this socialization, it is also hoped that public support will be obtained for the new Criminal Code. As well as increasing public awareness and understanding regarding the dangers of spreading hoaxes, especially among academics and students. So as to create a digital society that is aware of law and human rights as an effort to create a positive and conducive Indonesian digital space.
In the same place, Professor of Criminal Law at Gadjah Mada University (UGM), Prof. Marcus Priyo Gunarto said that the new Criminal Code had many advantages compared to the old Criminal Code or Wetboek van Strafrecht (WvS). Among them is customary offenses or customary criminal law which is a characteristic of Indonesian criminal law. In the new Criminal Code there are only two books now, while in the WvS there are three books.
The new Criminal Code has undergone a paradigm shift which states that punishment is used to provide protection to society and to fight crime. Every citizen has the right to obtain fair legal certainty. The principle is not legal certainty according to law but legal certainty according to justice. Other criminal legislation must refer to the first book of the Criminal Code.
The most fundamental change actually lies in Book I, because there is a paradigm shift regarding punishment. It turns out that punishment is a means to an end, so that everything will change the context of criminal justice.
In the context of protection, criminal law regulates or limits the arbitrariness of rulers and vigilantes. One example is regarding cohabitation, there are people who believe cohabitation is prohibited, but there are certain groups of people who still do it. Then there are also other community groups who carry out vigilante raids. When it is determined as a complaint offense, it is limited who has the right to submit a complaint, it becomes a middle ground
The new Criminal Code has various articles that will protect 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. Therefore, the need for massive socialization is needed to educate the public to understand the benefits of this new Criminal Code.
Meanwhile, according to the Head of the Academic Senate of the Faculty of Law, University of Indonesia (UI) Dr. Surastini Fitriasih said that the advantages of the new Criminal Code as a criminal law and modern punishment system are at the starting point of the principle of balance, open and limited recodification of Criminal Law, containing various innovations related to crime and sentencing, corporate criminal responsibility, regulating absolute liability ( strict liability ), and replacement liability ( vicarious liability ).
In essence, the new Criminal Code does not only provide concrete legal certainty but also leads Indonesia to produce modern laws that reflect the nation’s noble values. The community is expected not only to read the articles or issues that are considered crucial, but also to have curiosity to find out the explanation or implementation. This must also be supported by the understanding of all law enforcement stakeholders. So that the socialization stage up to the Training of Trainers (ToT) is something that cannot be separated and needs to be intensified.
The purpose of law enforcement is not only to achieve legal certainty, but also justice and benefits. The National Criminal Code has made every effort to find a balance point between the interests of the individual, society and the state. Especially in the articles relating to the private sphere of society and freedom of expression.
)* The author is a Criminal Law Observer from Nusa Bangsa Institute
