Holds Socialization of the Criminal Code in Pontianak, MAHUPIKI Involve Law Faculty Professors
Pontianak — The Indonesian Criminal Law and Criminology Society (MAHUPIKI) Pontianak held a socialization event on the National Criminal Code (KUHP) involving many professors from various universities.
The event which was held at the Mercure Hotel Pontianak City Center on Wednesday (18/01/2023) presented a Professor of the Faculty of Law, Semarang State University (UNNES), Prof. Dr. R Benny Riyanto, Professor of the Faculty of Law, University of Indonesia (UI), Prof. Dr. Topo Santoso, and Professor of Criminal Law, Faculty of Law, Diponegoro University, Semarang, Prof. Dr. Pujiyono, SH. M. Hum.
In his remarks, the Secretary General of Mahupiki, Dr. Ahmad Sofian, SH., MH. revealed that this socialization activity was designed so that community groups and law enforcers, as well as academics and students, have a basic understanding of the Criminal Code Law, which was compiled across generations from Indonesian criminal law experts together with the government and the Indonesian Parliament, so that the Criminal Code Law is to accommodate the aspirations of the people.
“Indonesia has long been colonized by colonial criminal laws. Therefore, we must be proud to have our own Criminal Code, including ratification from the DPR,” said Ahmad.
Prof. Dr. R Benny Riyanto in his presentation explained that the National Criminal Code was born through a public hearing process, so that it accommodates all aspirations from all elements of society. So we have to carry out what has become our decision together.
“All this time we have used the Dutch colonial heritage Criminal Code, even today it is still being enforced because even though Law no. 1/2023 has been promulgated, but there is still a 3-year transition period,” explained Prof. Benny.
According to him, the purpose of the transition period is to provide a complete understanding to all stakeholders, especially law enforcers as well as academics.
“So we have to socialize the concept of this new Criminal Code. Apart from that, because there are several mandates to be carried out in the implementing regulations, both in PP and Regional Regulations, “said the UNNES Professor.
Furthermore, Prof. Benny said that the urgency of the need for the National Criminal Code was born due to a change in the paradigm of retributive justice, whose concept existed in the old Criminal Code. This shift occurs in three ways, namely corrective justice for the perpetrators so that they do not repeat it, restorative justice for the victim so that he immediately relieves himself of the trauma, and rehabilitative justice for both victims and perpetrators of crime.
Meanwhile, Prof. Dr. Topo Santoso also revealed that there are three most important sections in the new Criminal Code, namely criminal acts, criminal liability, punishment and sentencing.
“The whole thing will affect many other things in the National Criminal Code. In the old Criminal Code, it has not been explained and regulated systematically regarding criminal acts. However, the National Criminal Code explains that a crime is an act that is against the law and is also prohibited by living law,” he said.
The new Criminal Code, continued Prof. Topo, adheres to the principle of the principle that no one should be punished without any fault. The new Criminal Code also emphasizes that in principle, only people who intentionally can be punished. Therefore it is important to check whether the person did it intentionally or not even though the word is no longer mentioned.
According to him, the new Criminal Code also adjusts to developments that have occurred in changing laws in the world, so that there are crimes where the perpetrators are not guilty but can be punished, but as certain exceptions and must be written clearly, what is important is that all elements have been fulfilled and must be very explicitly stated. in the Act (UU).
Still in the same event, Prof. Dr. Pujiyono said that living law is nothing new. Indonesia’s positive law recognizes living law, so it doesn’t need to be debated.
“Are evil deeds only those listed in the law? I think this is very naive because in our society there are many disgraceful acts that are not regulated in written laws, even though they are regulated and live in customary criminal law in society, “concluded Prof. Pujiyono.
According to him, when people say that the living law does not seem to provide legal certainty, even though legal certainty is not just in accordance with the law. Because in society there are unwritten norms, therefore the living law must be revived in the provisions of criminal law.
In addition, this Diponegoro University Professor also emphasized that expressing opinions through demonstrations would not be punished.
“Regarding demonstrations, many say that demonstrations are criminalized, who is like that? Even though demonstrations can be punished when there is no permit and damage. Because actually the demonstration itself is the right to exercise control over the state, but it also has to pay attention to public order so that there are no riots,” emphasized Prof. Pujiyono.
According to him, what is regulated in the new Criminal Code is very democratic and there is no intention to silence freedom of expression.
