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Criminal Code Accommodation of Community Rights


By: Mika Putri Larasati )*

The new version of the Criminal Code (KUHP) benefits the Indonesian people, especially women. There are many articles in the Criminal Code that accommodate women’s rights. Therefore, the government asked the people to support the Criminal Code and not oppose it.

The ratification of the new Criminal Code at the end of 2022 brought controversy among the people. They were shocked by this change. Even though it has been 4 months since there has been socialization and dialogue on the Criminal Code to explain its articles and people can ask questions directly to the deputy minister or related officials at the event.

The Criminal Code should no longer be controversial because its articles bring positive changes to society, especially for women. Women’s safety and security are prioritized in the Criminal Code. There are many articles that benefit them in the new Criminal Code, and every female citizen should read all the articles in the book of the law.

Komnas Perempuan chairman Andy Yentriyani stated that Komnas Perempuan hoped that the ratification of the new Criminal Code (KUHP) would be in line with the spirit of protecting women. Komnas Perempuan does not want the new regulation to narrow women’s rights and fully supports the Criminal Code.

In a sense, the Criminal Code is expected to protect women from all forms of criminal crimes. Moreover, criminals often target those who go alone or think women are weak creatures. Women must be protected by the state through applicable laws.

In the Criminal Code there are many articles that accommodate women’s rights. First, there is Article 454 concerning the prohibition of violence and threats of marriage. This article is very important so that women are not forced to marry men they don’t love because of forced arranged marriages. They can also survive forced marriages by reason of paying off their parents’ debts.

Article 454 is very important because in this modern era, there are still women who are forced to marry. This article protects underage girls who are forced into marriage for reasons that make no sense. With this article, it will simultaneously reduce the number of marriages that fail because the age of the bride and groom is too small.

Then there is Article 289 which prohibits obscenity. This article is also important because the majority of sexual abuse victims are women. They can report the perpetrators of rape and obscenity and get the fairest justice possible.

The anti-obscene article is highly supported by Komnas Perempuan because it can protect every female citizen from potential crimes and rape. Later rapists will get a minimum sentence of one year in prison and a large fine. This punishment is intended as a deterrent effect.

The anti-obscene article is very important because apart from protecting women, it also shows that Indonesia is a religious nation and upholds eastern customs. There should be no cohabitation, adultery, etc. The reason is because Indonesia is a democratic country, not liberal.

Then there is Article 31 of the Criminal Code regarding the right to basic education for all Indonesian people, including women. The government gives every citizen the right to education regardless of whether he is male or female. Every Indonesian citizen is required to study for 9 years and if they study at public schools, the tuition fee is free.

Education is very good for the future of the nation’s children, especially girls. If they are educated then they can teach their children well. Women who go to high school can pursue careers and are on par with men.

Meanwhile, Andy reminded the world that the spirit of eliminating discrimination and violence that targets women has become a global concern. This can be seen from the various international regulations ratified by the Government of Indonesia.

In a sense, with articles that are pro-education and equality for women, the government shows equal justice. There is no longer any discrimination between overly privileged male students. Girl students are also well educated and are also eligible to receive a scholarship if they excel.

Women also have the right to get higher education, not only basic education. They can get scholarships even abroad if they are able and enthusiastic to continue studying. The Criminal Code prioritizes equality, especially in the field of education.

President Jokowi’s government is pro-women and the proof is in the Criminal Code that there are many articles that protect women. For example in the anti-adultery article. Victims of adultery can report directly to the authorities without fear of being bullied or laughed at.

Then, the adultery article in the Criminal Code is a complaint offense. When a wife reports her husband for committing adultery against another person, then it is permissible. The government will not remain silent and always maintains public morals, and accommodates women’s rights.

Indonesian women do not have to worry about the Criminal Code because this law protects them from all types of criminal crimes. Women can be protected from rape and get equal educational rights.

The Criminal Code is designed for all Indonesian people and is pro-women. Women’s rights take precedence. All Indonesian citizens, especially women, are expected to always support the Criminal Code.

)* The author is a contributor to Nusantara Reading Room

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