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Criminal Code Adopts Indonesian Values with a Modern Legal Approach

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By: Julie gravity )*

The Criminal Code (KUHP) has been ratified by the DPR RI and all Indonesian people agree with it. The new version of the Criminal Code adopts Indonesian values and human rights. Legal experts have tried to make the Criminal Code as perfect as possible with Indonesian values with a modern legal approach, because it is applied to the people of this country.

The Criminal Code has been formalized and the criminal law will be more perfect to protect society from various crimes. Modern laws will be enacted and correct those who have done wrong. In addition, the Criminal Code was made by adopting Indonesian values, because it was applied to the Indonesian people.

Head of the Presidential Staff Office (KSP) Moeldoko stated that the new version of the Criminal Code adopts Indonesian values and has a modern legal paradigm. The Indonesian Criminal Code is a marker that Indonesia currently has a milestone as a sovereign and civilized nation. After 77 years of independence, this is the first time that Indonesia has had its own codification of criminal law.

The new Criminal Code also adopts Indonesian values because this country is thick with eastern culture. In Article 413 of the Criminal Code there is a prohibition against committing adultery and intercourse on the bed without legal marriage ties (by the state). The penalty is 1 year imprisonment.

Indonesia is a democratic country, not a liberal one, so the article on adultery must be applied so as not to make this country too free. Indonesian values that are polite and do not apply liberalization are implemented in the latest Criminal Code. This rule is mandatory to protect the Indonesian people, so that they always remember Eastern customs, politeness, and at the same time comply with the rules of their beliefs.

In addition, in the Criminal Code there is living law (customary law) that is allowed in criminal arrangements. For example, in the people of Bali or Papua, where customary law is still strong. When someone violates them, they may be punished according to custom, because there is an article in the Criminal Code. These are Indonesian values that are still being preserved.

The Criminal Code also contains Indonesian values because it prevents the destruction of Indonesian cultural products. For example, there are tourists who break the rules by going up to parts of the temple carelessly or taking pictures in impolite poses. They can be subject to customary law articles in the Criminal Code.

Moeldoko continued, the Criminal Code reflects Indonesian values, human rights, and the paradigm of modern law. Far away from the old Criminal Code during the Dutch colonial era.

Regulations during the colonial period had to be abandoned because Indonesia was already independent. If there is a Criminal Code, then Indonesia is constitutionally independent. The reason is because it uses rules made by Indonesians, not by colonialists.

Then, the Criminal Code also uses modern legal principles , different from the old Criminal Code. Deputy Head of the Pancasila Ideology Development Agency (BPIP), Karjono stated that the old Criminal Code was a Dutch heritage. The content of the Criminal Code is an adaptation of Dutch regulations brought to Indonesia by the VOC, not the Netherlands.

Karjono added, when the VOC brought the Criminal Code, there were 3 classifications. Namely the law for Dutch people, for foreign easterners, and natives . Regulations for bumiputera (Indonesian people) which were adapted into the Criminal Code.

The Criminal Code was a law in colonial times and was too old-fashioned and based on revenge. Imagine if a regulation was made a century ago, it is no longer relevant to the current situation. In 100 years a lot has changed, and the old Criminal Code could not accommodate these changes.

Meanwhile, the new Criminal Code uses modern law that is not based on revenge . The formation of convicts is at the core of modern law, because it is more important than simply passing sentences. When only punished without rehabilitation and coaching sessions, convicts will commit crimes again and are no longer afraid of going to jail.

In modern law it is taught that the mentality of criminals like this must be changed, so that more people obey the law. Modern laws will educate people. If anyone is in prison, they will be given guidance and skills teaching. Therefore, the term prison was changed to a penitentiary.

Meanwhile, when there is a Criminal Code, there are regulations in the cyber world and this is very good, because the majority of Indonesian people are active in cyberspace. The Criminal Code is important for maintaining criminal law everywhere, both in the real world and in cyberspace. Modern law already covers regulation in cyberspace.

The ratification of the new version of the Criminal Code is very good because it adopts Indonesian values which are thick with eastern customs. The Criminal Code also preserves culture because it allows the use of customary law in Indonesia. The community understands the importance of ratifying the Criminal Code because it uses modern law that will protect them from criminal crimes.

)* The author is a contributor to Nusantara Reading Room

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