Mahupiki and USU’s Faculty of Law Hold a Criminal Code Socialization Event in Medan
Medan – The Indonesian Criminal Law and Criminology Society (Mahupiki) of North Sumatra in collaboration with the Faculty of Law, University of North Sumatra (FH USU) held a Socialization of the National Criminal Code at the Grand Mercure Maha Cipta Hotel Medan Angkasa, North Sumatra, Monday (9/1).
Chairman of Mahupiki North Sumatra, Dr. Rizkan Zulyadi said that the new Criminal Code is a legal product and the work of the nation’s children. Even though it has been ratified, the new Criminal Code still reaps pros and cons regarding the articles that are seen as restricting human rights.
“We must be proud that the Criminal Code is a product of the nation’s children and one of the things that differentiates the new Criminal Code is that it contains a balance between human rights and their obligations. This means that the aspects discussed are not only how we claim human rights, but also discuss their obligations,” he said.
USU Faculty of Law Dean, Dr. Mahmul Siregar said that for a long time the nation wanted to have a self-made Criminal Code. Our society longs for a basis or concept of national law that is in accordance with developments, no longer a legacy from Dutch colonialism.
“The discourse on the national Criminal Code has existed since 1992, when I was in college. Of course there will be many differences from the previous Criminal Code, but what is certain is that this will underlie the birth of a spirit of unity and more progress while upholding diversity,” he said.
Professor of the Faculty of Law, University of Diponegoro Semarang, Prof. Dr. Pujiono said that several aspects that form the basis of the new or national Criminal Code are that in the colonial-inherited Criminal Code there has been no separation of individual and cluster aspects; not yet oriented towards people or modern schools; no chapter of guilt or criminal liability; the victim has not got a place or is oriented only to the perpetrator; fines or alternative sanctions are few or very light as they were in colonial times.
“With these various basic thoughts, ideas were later brought up in the new Criminal Code with the basic values of Pancasila; maintaining a monodualistic balance; historical experience and empirical conditions; as well as scientific or theoretical developments as well as community dynamics,” said Pujiyono.
The same thing was conveyed by Professor of Criminal Law at the University of Gadjah Mada (UGM), Marcus Priyo Gunarto, explaining that the rejection or pros and cons of a legal product is a natural and normal thing.
“Even though it has just been passed, it has been considered for and against and even considered as a threat to freedom, which is normal because this legal product or the Criminal Code cannot be separated from a certain point of view,” he said.
The most fundamental change actually lies in the first book because it starts with a change in the criminal paradigm where it is agreed that punishment is a means to an end. With this change in the basis of thinking, it will then change all arrangements in the context of criminal justice.
Marcus also stated that this nation’s struggle to have the Criminal Code as national pride had become a reality. Because now we have a new Criminal Code.
“Don’t let criminal law enforcement in Indonesia be carried out based on ignorance of the original source,” said Marcus.
Meanwhile, Chair of the Academic Senate at the Faculty of Law, University of Indonesia, Dr. Surastini Fitriasih, SH MH stated that a number of crucial issues in the Criminal Code continue to develop over time, but in fact this is subjective.
From the crucial articles that he identified, everything is developing very dynamically every time, for example the issue of demonstrations causing riots has only recently surfaced.
“If we read the explanations and academic texts on the crucial articles that are in public debate, it is actually very clear and clear what the legal rules are,” said Dr. Surastini.
According to him, a number of articles in the new Criminal Code were deleted and added because based on input from various parties and legal experts, some of the articles and rules should be regulated in regional regulations (perda). That is a very democratic form of drafting the Criminal Code.
The socialization of the Criminal Code in Medan was attended by around 200 participants, consisting of religious leaders, community leaders, law enforcement officials and students, as well as other elements of society.
With this socialization, it is also 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.