By : Abdul Razak )*
The Nusantara Student Executive Board (BEM) fully supports the Draft Criminal Law Bill (RKUHP). This is very good because they understand the importance of ratifying the RKUHP, which will replace the position of the KUHP. While the Criminal Code is a legal product in the colonial period, so it must be replaced immediately.
RKUHP is a very crucial bill, because it will protect the public from all kinds of criminal crimes. In the RKUHP there are many additional articles. Among them are the articles of adultery , customary law ( living law ), blasphemy, etc. With various additional articles, people will live more peacefully.
Central BEM coordinator Ahmad Supardi stated that BEM Nusantara fully supports the ratification of the RKUHP, because the bill is ideal and is a legal product made by Indonesia. More socialization is needed to equalize student perceptions and correct existing miscommunications . Correcting the misinterpretation will give students a sense of satisfaction and eliminate the existing controversy.
In a sense, the students fully support the RKUHP because it is a legal product made by Indonesians, and the makers are law professors like Prof. Muladi (Senior Legal Expert). The RKUHP will be implemented in Indonesia so that the maker must be Indonesian, who understands the social conditions of society better.
In contrast to the Criminal Code which was made during the colonial period, and which was made by the Dutch. If the Criminal Code is still implemented, it will be irrelevant to the culture and situation of Indonesian society. moreover in the Netherlands itself, the old version of the Criminal Code is no longer used, because it is irrelevant to the life of modern society.
Therefore, the Criminal Code must be immediately replaced with the RKUHP. The students also realized that the law during the colonial era used a system of revenge, in which local suspects would be punished as severely as possible by judges (who were colonizers). The current international legal system no longer uses this method because it does not educate suspects.
Punishment with a system of revenge which is sometimes added to corporal punishment, will be replaced with other punishments that are more educational. Prisoners will be given various skills so they can open their own business after serving their sentence. The reason is because it’s rare for companies or factories to accept employees who are ex-convicts, and when they already have skills will be independent and open their own business.
The term prison has also been replaced with a penitentiary, because convicts will be educated to become responsible members of society. He also realized his mistake and did not repeat it.
The students also requested that there be socialization of the RKUHP so that more students and other elements of society understand this bill, especially the articles that are considered controversial. Examples are articles of adultery , customary law, etc.
Deputy Minister of Law and Human Rights Edward Omar Sharif stated that President Jokowi ordered to socialize the RKUHP before the bill was passed. RKUHP socialization and dialogues have been held in more than 11 cities in Indonesia, and attended by students, lecturers, staff, and others.
With the socialization of the RKUHP, students will understand the importance of ratifying the RKUHP, because the old KUHP is very irrelevant to today’s life. The Criminal Code is more than 100 years old and cannot keep up with the times in the information technology era. They will understand and support the RKUHP, and will no longer protest against it.
Meanwhile, the Coordinating Minister for Politics, Law and Security Mahfud MD stated that the plan is for the RKUHP to be ratified in December 2022. Revisions have been made for years and not everyone agrees.
In a sense, it cannot wait until all parties agree because there will definitely be differences, so a middle ground must be taken. Moreover , support continues to come from students and other elements of society. They want the RKUHP to be passed quickly so that criminal law in Indonesia is perfected.
The students support the ratification of the RKUHP immediately and don’t let it be delayed any longer. Drafting _ The RKUHP has existed since the reign of former President Susilo Bambang Yudhoyono. Don’t let this bill be formalized immediately because it will drag on, and President Jokowi also wants it to be ratified as soon as possible.
When students support the RKUHP it will be great because there will be no demonstrations against this bill. The reason is because they already understand how important the RKUHP is to safeguard criminal law in Indonesia.
Current demos tend to be avoided because they almost always end in chaos. After all , since the beginning of the pandemic (in 2020) the police have never given permission for a demonstration, so if there is one then it is not permitted and has the right to be disbanded.
Students from BEM Nusantara fully support the RKUHP because they realize that the KUHP is too old and must be replaced with the RKUHP. This bill must be passed immediately because its articles can protect the public from all types of criminal crimes. The support from students is invaluable because in the end they understand the urgency of ratifying the RKUHP.
)* Writer is Nusa Bangsa Institute contributors
