Mahupiki and Professor of Criminal Law Hold Socialization of the New Criminal Code in Pontianak City
Pontianak – The Indonesian Criminal Law and Criminology Society (Mahupiki), again held an event to socialize the new Criminal Code (KUHP). This time the socialization activity, in collaboration with Tanjungpura University, was held at the Mercure Hotel, Pontianak City, West Kalimantan, Wednesday (18/1).
In his opening remarks, the Secretary General of Mahupiki, Dr. Ahmad Sofian, SH., MH., said that this socialization activity was designed to disseminate and dialogue on the substance of the Criminal Code Law, so that community groups and law enforcers, as well as academics and students, have a basic understanding of the Criminal Code Law, which has been compiled across generations from experts on Indonesian criminal law with the government and DPR RI.
The outreach activity, which was guided by News Presenter Fristien Griec, was attended by Forkominda elements, academics, law practitioners, law enforcers, Forkompimda, Toga, Tomas, students and other elements of society.
Diponegoro University Law Professor Prof. Dr. H. R. Benny Riyanto, SH., M.Hum, in his presentation said that the Criminal Code that applies in Indonesia comes from the Netherlands and has the original name Wetboek van Strafrecht voor Nederlansch Indie (WvS). In addition, the old Criminal Code also did not reflect the nation’s cultural values, let alone reflect the basic state philosophy of Pancasila.
“WvS was adopted into national law through Law Number 1 of 1946 concerning Criminal Law Regulations,” said Prof. Benny.
In his presentation, Prof. Benny added that efforts to reform the Criminal Code began in 1958 which was marked by the establishment of the National Legal Development Institute (LPHN). Then in 1963 the First National Law Seminar was held which resulted in various resolutions, among others, to formulate the National Criminal Code.
“It is not true that the National Criminal Code regulates too many actions to become a crime or overcriminalization, because Book II of the National Criminal Code only has 423 articles, while Books II and III of the Criminal Code (WvS) have 465 articles,” said Prof. Benny.
“There are 4 urgency to replace the WvS Criminal Code with the National Criminal Code, namely, there has been a paradigm shift, from the paradigm of Retributive justice, revenge with corporal punishment, to Corrective Justice (for perpetrators), Restorative Justice (for Victims) and III. Rehabilitative justice (for perpetrators and victims),” said Prof. Benny.
The draft law on the Criminal Code Bill was first submitted to the DPR in 2012 but had not yet been discussed and in 2015 President Joko Widodo submitted it back to the DPR and issued Presidential Letter Number R-35/Pres/06/2015, dated 5 June 2015 which was followed up with intensive discussion for more than 5 years.
Submission of the Criminal Code Bill back to the DPR brought consequences that the formal procedure for submitting the Criminal Code Bill was far more complete, because at that time there was already Presidential Regulation 87 of 2014 concerning Regulations for Implementing Law Number 12 of 2011 concerning Formation of Legislation.
“So our Criminal Code is safe from formal requirements,” emphasized Prof. Benny.
Meanwhile, Prof.Dr.Topo Santoso, S.H., M.H, explained that the Criminal Code consists of 624 articles, consisting of 2 books, Book I of general rules and Book II of criminal acts. While in the old Criminal Code there were 3 books.
“In Chapter I in Book I, now it has accommodated many changes in modern times, which were not covered in the old Criminal Code, as well as other principles that also accommodate many developments in modern times.” Obviously.
On this occasion, Prof. Topo explained about the Triad of Criminal Law, namely criminal acts, criminal liability, and criminal and sentencing.
“The purpose of sentencing is prevention, correctional or rehabilitation, conflict resolution, restoration of balance and creation of a sense of security, as well as growing convict remorse,” said Prof. Topo.
On the same occasion, Professor of the Faculty of Law, Diponegoro University, Semarang, Prof. Dr. Pujiono SH., M, Hum., explained that what must be understood first is that in the core law there are norms and values. Norms are formed because there is a basic idea of underlying values.
Prof. Pujiono added, that there are 8 actual issues of the Criminal Code, namely Living Law, Abortion, Contraception, Adultery, Cohabitation, Obscene Acts, Crimes Against Religion/Belief and Crimes related to Freedom of Expression.
“Regarding living law, namely as a form of recognition and respect for customary law or customary offenses, however, it is still limited by Pancasila and the 1945 Constitution,” said Pujiyono.
Meanwhile, Articles 218 concerning and 240, continued Prof. Pujiono, were made complaint offenses. The article does not limit press freedom.
“The purpose of setting Article 218 of the Criminal Code is to protect the dignity of the President as the head of state and head of government, and there will be no legal proceedings without a legitimate complaint from the party entitled to complain,” said Prof. Pujiono.
On this occasion, Prof. Topo explained about the Triad of Criminal Law, namely criminal acts, criminal liability, and criminal and sentencing.
“The purpose of sentencing is prevention, correctional or rehabilitation, conflict resolution, restoration of balance and creation of a sense of security, as well as growing convict remorse,” said Prof. Topo.
On the same occasion, Professor of the Faculty of Law, Diponegoro University, Semarang, Prof. Dr. Pujiono SH., M, Hum., explained that what must be understood first is that in the core law there are norms and values. Norms are formed because there is a basic idea of underlying values.
Prof. Pujiono added, that there are 8 actual issues of the Criminal Code, namely Living Law, Abortion, Contraception, Adultery, Cohabitation, Obscene Acts, Crimes Against Religion/Belief and Crimes related to Freedom of Expression.
“Regarding living law, namely as a form of recognition and respect for customary law or customary offenses, however, it is still limited by Pancasila and the 1945 Constitution,” said Pujiyono.
Meanwhile, Articles 218 concerning and 240, continued Prof. Pujiono, were made complaint offenses. The article does not limit press freedom.
“The purpose of setting Article 218 of the Criminal Code is to protect the dignity of the President as the head of state and head of government, and there will be no legal proceedings without a legitimate complaint from the party entitled to complain,” said Prof. Pujiono.
In this socialization event, the participants received merchandise in the form of a copy of the new Criminal Code Law. With the socialization of the new Criminal Code, it is hoped that it can increase public understanding of the importance of adjusting the Criminal Code so that it is more in line with the current dynamics of society. []
