Increasing Public Understanding, Mahupiki Continue Socialization of the National Criminal Code in Ternate
Ternate — In order to increase public understanding of the National Criminal Code (KUHP), the Indonesian Criminal Law and Criminology Society or Mahupiki is committed to continuing to optimize socialization of the National Criminal Code.
Most recently, the socialization event was held in Ternate, North Maluku by presenting the Chairman of the Senate Faculty of Law, University of Indonesia (UI) Dr. Surastini Fitriasih, SH, MH, Professor of Criminal Law at Gadjah Mada University (UGM) Prof. Dr. Marcus Priyo Gunarto and Plt . Director General of Legislation , Dr. Dhahana Putra, Bc.IP. , SH, M.Sc.
In this activity, Dr. Surastini Fitriasih, SH, MH stated that the advantage of the new Criminal Code as criminal law and a modern criminal system is that it starts from the principle of balance and is able to accommodate local wisdom.
“The Rationale of the provisions of the Criminal Code regarding Crime and Punishment views that Retributive / Retaliation / Lex Talionis had to be left behind. Local wisdom needs to have a place to explore traditional values,” said Dr. Surastini on Monday (30/1)
He added that the national criminal law also regulates between individual interests and the interests of society. This is also reflected in the things considered by the judge when imposing a sentence.
Meanwhile, UGM Professor of Criminal Law, Prof. Marcus emphasized that the national Criminal Code recognizes customary law that has long existed in Indonesia. In addition, there are currently only two books in the national Criminal Code.
” In the Criminal Code there are two books namely general provisions and criminal acts, while Wvs there are three books.” he said.
Not only that, the national Criminal Code also explains that attempts to commit criminal offenses are only punishable by a fine of category two out of eight categories of fines.
Prof. Marcus further explained that if there is a conflict between justice and legal certainty, then justice must be prioritized.
“Every citizen has the right to obtain fair legal certainty. The principle is not legal certainty according to law but legal certainty according to justice. Other criminal legislation must refer to the first book of the Criminal Code.” explained Prof. Marcus.
Likewise, Plt . Director General of Legislation , Dr. Dhahana Putra, Bc.IP. , SH, M.Sc. also stated that it is believed that the national Criminal Code will provide legal certainty to the people of Indonesia.
“Every citizen has the right to obtain fair legal certainty. The principle is not legal certainty according to law but legal certainty according to justice. Other criminal legislation must refer to the first book of the Criminal Code,” he concluded.
