intensify understanding Related to the National Criminal Code, Mahupiki is back in his title Outreach in Pontianak
By: Ananda Rasti )*
Post ratification of the National Criminal Code (KUHP) on December 6 , 2022 , the government together various stakeholders Keep going intensify socialization to society . Constitution the will apply effective in three year . Socialization norm as well as existing articles _ in the Criminal Code Act is not quite enough answer from all party .
For Meanwhile , the Indonesian Criminal Law and Criminology Society ( Mahupiki ) is back held a socialization event for the National Criminal Code same with Tanjungpura University . This time the socialization of the National Criminal Code held at the Mercure Hotel Pontianak, West Kalimantan on Wednesday (18/01/2023). Socialization of the Criminal Code bring in experts law , including Professor of Semarang State University, Prof. Dr. R Benny Riyanto , SH, M. Hum ., Professor Faculty of Law, University of Indonesia (FHUI), Prof. Dr. Topo Santoso, SH, MH., Ph.D., and Professor of Criminal Law Faculty of Law, Diponegoro University Semarang, Prof. Dr. Pujiyono , SH. M. Hum .
In activity that , Prof. Dr. R. Benny Riyanto say that ratification of the National Criminal Code follow shift paradigm modern law and justice . The reason is , the application of the old Criminal Code is a legacy era Dutch Colonial , paradigm justice still characteristic retributive .
Besides it , with the birth of the National Criminal Code then Becomes a very important legacy for Indonesian people because capable create a system reform law criminal national .
More continued , Prof. Benny Riyanto disclose that urgency changing the old Criminal Code into the National Criminal Code is first because has happen shift paradigm justice , first use paradigm justice retributive , to be corrective justice _ for doer , restorative for victims and rehabilitative for both victims and perpetrator . Besides it is also embodiment of system reform law in a manner appropriate overall _ with values nation and universal human rights .
The Semarang State University Professor also explained that the old Criminal Code was inherited from the Dutch there is since more from 100 years ago , however _ until moment this not yet there is Translate the official , so appear many potential translation _ raises multi interpretation . Besides it , not yet reflect values culture nation , moreover reflect basic state philosophy of Pancasila.
According to him , the Government has accommodate whole input from stakeholders , start _ from ministries and agencies related until participation whole Indonesian society , including academics . No only that , the government also did public hearings that have held corresponding with instruction Court Constitution (MK) , ie meaningful participation . There is right for heard , right for get explanation and rights for considered .
Temporary that , Great Master Faculty of Law, University of Indonesia (FHUI), Prof. Dr. Topo Santoso, SH, MH., Ph.D , in socialization of the Criminal Code state that post ratification of the national Criminal Code so no there is another name _ crime however everything Becomes follow criminal . With thus all regulations outside the National Criminal Code must customize .
Not only that , the new Criminal Code also adheres to principle that no may people be punished without exists error . The new Criminal Code also confirms that in principle , only people who deliberately only can _ punished . because _ that urgent for checked is that person do on purpose or no despite the word already no be included again .
new Criminal Code also adjusts developments that occur in change laws in the world, so there is follow the offender ‘s crime no own error however can punished , will but as exception certain and necessary written with clear , which is important all elements has fulfilled and must be very explicit mentioned in law.
Prof. Topo also explained that purpose criminal now no retributive or for repay revenge , however precisely for protection , so many updates will Thing it . follow criminal truly minus , ie only for follow criminal special and heavy just or seriously , because in general imprisoned or fine .
On the same occasion , Prof. Pujiyono , also said , one a must _ understood especially formerly that inside _ law the main thing is there is norms and values . Norms are formed because there is a basic idea underlying values . _ Urgency from preparation of the National Criminal Code that is to suit with the values attached to the Unitary State of the Republic of Indonesia.
Professor of Law at Diponegoro University it also rates about chapter attack honor and dignity president and contempt state agency . According to him , all party must capable differentiate what that difference and what that criticism . Because if speak about humiliation , that is clear deed despicable because in it contain slander and blasphemy . And p it’s so different with criticism , the country is the same very no question about criticism . Absolutely not beautiful because the Criminal Code protects foreign leaders _ when visit to here , however why for leader elected by the people alone no protected .
Socialization of the new Criminal Code is proper steps _ for appreciated . With exists activity that , society expected could understand that the national Criminal Code is rule the law needed by the Indonesian nation at this time this and able give justice for all party .
* Author is Observer Social Political Problems