Collaborating with Professors, MAHUPIKI Socializes the New Criminal Code to Pontianak Communities
The Indonesian Criminal Law and Criminology Society (MAHUPIKI) held a socialization event for the new Criminal Code (KUHP). This socialization activity was held in Pontianak, on Wednesday (18/1/2023).
Acting as a resource person, Professor of Criminal Law, Faculty of Law, Diponegoro University, Semarang, Prof. Dr. Pujiyono, Professor of Law at Diponegoro University (Undip) Prof. Benny Riyanto, as well as Professor of Criminal Law at the University of Indonesia, Professor Topo Santoso.
Professor of Criminal Law, Faculty of Law, Diponegoro University, Semarang, Prof. Dr. Pujiyono, explained that currently there is still conflict in the new Criminal Code in society until it becomes an actual issue, let’s call it a living law which is felt to have no legal certainty in living law.
“In the national Criminal Code, we can see that what is meant by living law is customary criminal law, this is not new, our positive law recognizes living law and is still in effect today,” explained Pujiono.
He also added that the living law applies where the law is located and the values of Pancasila act as a filter for the basic living law that applies in Indonesia.
“The existing living law which is then recognized, accommodated, and enforced has conditions for its application, is limited in effect where customary criminal law applies, may not conflict with Pancasila, may not conflict with the 45th Constitution, may not conflict with human rights, added Prof. Pujiono.
“So the Criminal Code is compiled on a balance of global values and also national values, but there is a parameter that there must be a filter as a justification factor, namely Pancasila as a margin of appreciation, that Pancasila as a justification factor in that filter,” continued Prof. Pujiyono.
On the same occasion, Prof. Benny Riyanto revealed that the new Criminal Code (KUHP) has followed a shift in the paradigm of universal criminal law.
“Our national Criminal Code already reflects the basic values of the state philosophy, the nation’s cultural values, as well as universal human rights values,” said Prof. Benny.
Meanwhile, Professor of Criminal Law at the University of Indonesia, Professor Topo Santoso explained the three fundamental pillars of criminal law
“The triad of criminal law are the three most important parts of material criminal law, the first is a crime, the second is criminal responsibility, and the third is crime and punishment,” said Prof. Topo.