Establishing the National Criminal Code in Semarang, Mahupiki: Product of Democratic Law
Semarang — Academics consider that the National Criminal Code (KUHP) is a very democratic legal product because it also accommodates and respects the existence of indigenous peoples and customary law (living law).
Professor of the Faculty of Law, Krisnadwipayana University, Prof. Indriyanto Seno Adji considers that criminal acts are generally very dynamic in nature following global, regional and national developments and dynamics. Therefore the need for legal reform, especially criminal law in Indonesia through this national Criminal Code.
His party also regretted that some people’s understanding of the national Criminal Code was not in depth, complete and detailed.
“Low understanding and easy acceptance of this issue has led to public miscommunication and misinformation regarding the full understanding of the substance of the articles regulated in the Criminal Code,” explained Prof. Indriyanto in a socialization of the Criminal Code in Semarang Monday (1/2)
Meanwhile, Academician of the Faculty of Law, University of Indonesia, Prof. Harkristuti Harkrisnowo assesses that several articles that are of public concern in the new Criminal Code include those relating to Living Law or customary law, abortion, adultery and cohabitation, as well as insults to state leaders or state institutions.
He added that cohabitation was even one of the articles that was most highlighted when the 2019 Criminal Code was rejected.
“At the time of rejection by students, the majority of whom came from young people regarding the formulation and draft of the Criminal Code, the article they highlighted was adultery or cohabitation,” said Prof. Harkristuti.
The younger generation considers that cohabitation or not is the privacy right of each person, but it needs to be conveyed and emphasized to the public that this rule is for the sake of maintaining eastern values and Indonesian culture.
In addition, added Prof. Harkristuti, it is necessary to understand that this crime is based on a complaint offense with a penalty of 9 months to a maximum of 1 year or a maximum fine of 10 million or a judge’s decision that can decide on social work criminal sanctions.
On the other hand, Professor of the Faculty of Law (FH) UI, Prof. Topo Santoso said that one of the differences between the new or national Criminal Code and the old Criminal Code or Wetboek van Strafrecht (WvS) is that discussions and academic texts have appeared in chapters or books on criminal acts, criminal responsibility, and criminal and sentencing.
He also revealed that the national Criminal Code was a form of renewal or update from the old one by adopting or referring to the WvS Criminal Code.
“In the national Criminal Code, some are similar to the old Criminal Code, but one of the new ones is the emergence of discussion of criminal acts using intermediary tools that did not exist before,” he said.
This shows the development of the times that allows criminal acts to occur through sophisticated intermediary tools or artificial intelligence that have been regulated in this national Criminal Code.
It is known that the socialization of the Criminal Code was held at the Patra Hotel, Semarang, Central Java. The event was held by the Indonesian Criminal Law and Criminology Society (Mahupiki) in collaboration with Semarang State University which was attended by hundreds of people consisting of Forkominda elements and prominent figures in Central Java.