By : Naufal Putra Bratajaya )*
The Criminal Code (KUHP) has received support from legal experts. They agreed this law because it will change the face of Indonesia for the better and protect society from various crimes.
Indonesia is a constitutional state and has various laws . The government made the Criminal Code so that it would improve the criminal law rules in Indonesia. The community supports the Criminal Code so that people’s lives are even better and they are not exposed to criminal crimes.
Legal experts also fully support the new version of the Criminal Code. Professor Suparji Ahmad, a criminal law expert at Al Azhar Indonesia University fully supports the Criminal Code. He appreciated the government’s success in creating native Indonesian products. According to him, polemics or pros and cons for the ratification of the Criminal Code should not have happened because it had gone through the proper procedures.
Suparji added that the discussion on the Criminal Code had been open, had passed many public tests, so he considered it to be responsive enough to absorb various aspirations and community participation and become a shared commitment. Regarding differences in views on the contents of the Criminal Code materials, they should be viewed proportionally.
In a sense, legal experts like Prof. Suparji agreed with the Criminal Code because it was a law made by Indonesians, including Prof. Muladi . If the Criminal Code was made by Indonesians then it is very fitting because it regulates the lives of Indonesian people. The new version of the Criminal Code replaces the old one because it is a legal product made by the Dutch during the colonial period.
Apart from that, it is true that there is no need for a polemic on the Criminal Code because the government has followed the rules that apply in Indonesia. Among them are laws made by senior legal experts in this country, and adapted to the norms of Indonesian society. Before being enacted, the Criminal Code has also gone through a period of outreach and dialogue, so that all people understand the intent of its articles.
In the Criminal Code there is an article regarding living law aka customary law, which applies and if anyone violates it will receive a fitting punishment. Customary law is included in the Criminal Code because Indonesia is a country rich in customs, and there are still many people who uphold the customs of their respective regions. The inclusion of customary law in the Criminal Code is strongly supported by indigenous peoples in Indonesia.
Customary law does not need to be feared because it will maintain order in an area and minimize chaos. For example, when there is a traditional house, visitors must adapt, by dressing politely and behaving well. Customary law will protect the culture and customary wealth in Indonesia.
The Criminal Code is based on the Ideology of Pancasila and the 1945 Constitution. Regarding the difference in views on the materials in the Criminal Code, it is seen proportionally. As an Indonesian nation, it is clear that the touchstone is religion, Pancasila ideology, the 1945 Constitution, modern theories and human rights that apply regarding various local wisdoms or practices that occur in society.
Meanwhile, Ranto Simanjuntak, Chair of the DPP of the Indonesian Advocates Association, expressed his support for the Criminal Code. The reason is because this law will suppress criminal acts in society.
In a sense, the Criminal Code will prevent various criminal crimes in society. For example in the case of rape. The sentence that awaits the suspect in this case is imprisonment for 12 years. If there is a punishment this severe it will make people not want to commit these immoral acts.
There are many other types of criminal acts in society and the Criminal Code will prevent them. Criminal acts must be prevented so that the lives of citizens are much better. Peace will also be created, because everyone is not afraid of the risk of being criminalized, because it is protected by the Criminal Code.
Ranto continued, the Criminal Code must be ratified immediately because it follows the life of an all-digital society. In a sense, now we have entered the era of information technology and the Criminal Code, which will become the new version of the Criminal Code, will prevent various crimes in cyberspace.
In the Criminal Code Articles 437 and 443 it is explained that there is a prohibition against defamation and insults in cyberspace, and the perpetrators are threatened with a sentence of up to 9 months in prison. These articles are very important because nowadays the internet is a place of ‘war’, where bullying and insulting others is considered normal. Even though this is an immoral act and cannot be tolerated.
Defamation and insults in cyberspace are usually rampant when elections are approaching. The government is trying hard to prevent the occurrence of black campaign , both in the real world and in cyberspace. Therefore the Criminal Code strictly regulates it.
The election is still in 2024 but in a few months it will enter the pre -campaign period. This period is the most thrilling because social media timelines can be filled with hoaxes and propaganda, or black campaigns . But with the firmness of the articles in the Criminal Code, this bad thing can be prevented.
Legal experts fully support the Criminal Code for a better future for Indonesia. They agreed with the Criminal Code because it would regulate criminal law in Indonesia, and follow the dynamics of society living in the information technology era. The Criminal Code is not a shackle, but a way for Indonesian people to live life in a more orderly manner.
)* Writer is Media Core Institute
