By : David Falih Hansa )*
The Criminal Code ( KUHP ) version new already approved by the DPR RI, at the beginning December 2022. The public appreciates the Criminal Code because strengthen internal state efforts protect right basic human . Besides Therefore , the Criminal Code also protects freedom civil , fine in matter Act nor argue .
Criminal Code already formalized and legal criminal will more perfect and protective Public from various follow crime . Modern law will implemented and built those who have do wrong. Besides Therefore , the Criminal Code protects freedom Public Indonesian civilians , all at once protect right basic human .
Vice Chairman external National Human Rights Commission of the Republic of Indonesia, Abdul Haris S, his party support the Criminal Code because there is supporting articles _ right basic human . Among them Article 440 of the Criminal Code and Article 529 of the Criminal Code, as well Article 65 of the Criminal Code. In meaning , articles the defend the human rights of the Indonesian people , because that supported fully by Komnas HAM.
In Article 440 of the Criminal Code contains : goods who insult or do pollution name well up front general , threatened criminal maximum 6 months or fine category II. Whereas fine category II is amounting to IDR 7,500,000.
If anyone insults _ or do pollution name good so he can caught Article 440 of the Criminal Code. Right basic humiliated people _ or polluted name good protected by article this . She no afraid will humiliated up front public , both by people who are known or not known . Right its basic protected by the Criminal Code because if someone is insulting , yes live reported and punished .
Then , the Indonesian people are also protected from case pollution name ok . the cause because no will there is again an outspoken person vilify his name . Well when approach election common ( because he is candidate legislature ) or at other times ( when he status inhabitant civil normal ). Case pollution name good besides embarrassment also has an effect long , and for prevent reply feud so make it the article .
In Article 529 of the Criminal Code is explained that there is judgment to official public or the perpetrator did intimidation and torture in the enforcement process law . In meaning , if there is intimidation to people so he can report it and the culprit will caught Article 529 of the Criminal Code. Not care he is official the public has position high .
Padal 529 KUHP protects right basic Indonesian people , especially people small . The people can free from intimidation person official . For example when there is dispute and someone feel intimidated , though he be in the right position . She can report perpetrator intimidation , no care if that did is official high . Law no view fur and will criminalize officials , if he guilty .
Abdul Harris added , Article 529 of the Criminal Code is confession to existing convention against torture _ ratified in 1998 ago . _ Perpetrator torture will can convicted . In meaning , rights basic people will protected from torment okum official or other actors if they is at in the enforcement process law .
Then , Article 65 of the Criminal Code is explained if there is a number of deed similar crime _ so the punishment only one criminal . this _ no for protect perpetrator . But for show that government enforce human rights, even for a prisoner .
Abdul Haris also approved the new Criminal Code because there is option work social for replace criminal prison , specifically for tipiring ( follow criminal mild ) which is the penalty only a number of month . Protection to right basic man suspect must enforced because he do tipiring because forced . For example people forced small _ steal because starving .
Option work social besides enforce human rights in Indonesia, too reduce capacity institution penitentiary . In a number of year this prison always full , even overloaded, and burdensome for the state because must give eat many people in it . Amount convicts too _ many can too cause conflict and friction sharp . However with the Criminal Code amount can minus .
Temporary it , Deputy Minister of Law and Rights Fundamental Humans , Prof. Edward Omar Sharif, stated that Article 263 regarding penalty criminal to deployment news lie , no need worried . Chapter this no will obstruct press freedom as well people civil . Do not origin accuse , but everyone should _ read with thorough and understand the new Criminal Code .
In meaning , prohibition news hoax precisely good because avoid Public from hoax . the cause because hoax will confusing and confusing . For example hoax about Corona vaccine containing pig . there will be scared society _ vaccine and finally got corona, and threatened lost life because no vaccinated same once .
Chapter ban hoax don’t seen as something snatched _ freedom . Precisely must regulated in the news in print , electronic , and online media. Do not until Public fell hoax . If anything journalist who doesn’t on purpose make the news turned out hoax so his business with the Press Council, no necessarily convicted .
new Criminal Code is a law book continuing crime _ perfected . Criminal Code no take freedom people civil . Precisely protect they from various crime crime and news hoax .
)* Writer is Contributor homeland Institute
