Mahupiki Success intensify Socialization of the National Criminal Code in Pontianak
By: Alexander Joshua Galen )*
The Indonesian Law and Criminology Society ( Mahupiki ) was very successful for intensify various kinds of social events regarding the National Criminal Code in various area in Indonesia, no except in Pontianak.
Draft The Criminal Code Act (RUU KUHP) has been in a manner official confirmed and now Becomes National Criminal Code Law . endorsement the conducted in meeting plenary organized by the House of Representatives of the Republic of Indonesia (DPR RI) on Tuesday last December 6 , 2022 .
Not can denied that ratification of the National Criminal Code Becomes very historical moment in Indonesia, especially in maintenance law criminal . The reason is , after many years ever nation this Keep going using the old Criminal Code which is product from the Dutch colonial period before , now it’s time for the Motherland own system laws made by children _ his people alone .
Whole Indonesian people also deserve it proud heart with endorsement system law this , because replacing the validity period of the old Dutch heritage Criminal Code since back in 1918 has used , and if calculated expiration date already more than 100 years ever .
Ratification of the National Criminal Code indeed has in a manner official done , however enforcement system law child nation that will truly apply in a manner thorough by 2025 , which it still is there is a transition period for 3 years after ratified by the end of 2022.
So from it , for fill in there is a transition period before the National Criminal Code actually official enforced , is very important for whole people in Indonesia can truly understand in a manner whole and thorough how content as well as as what substance from system law latest this .
Related effort the Indonesian Criminal Law and Criminology Society ( Mahupiki ) continues roll out various type shape activity dissemination of the National Criminal Code (KUHP) to various area in Indonesia. In every socialization event held by Mahupiki , always _ presenting a number of source person competent experts who are experts law as well as a professor from various universities in the country.
Moment roll out socialization in Pontianak, Secretary General Mahupiki , Dr. Ahmad Sofian, SH., MH stated that the Criminal Code was drawn up by cross generation together government and parliament. Because Indonesia before long been colonized with law criminal colonial , then public must proud finally have their own Criminal Code . Mahupiki alone born for develop law crime and criminology in Indonesia.
At the same time , Great Master Faculty of Law, University of Indonesia (FHUI), Prof. Dr. Topo Santoso, SH, MH., Ph.D., stated that the new Criminal Code adhere principle exists principle that no can someone is being 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 .
Not only Therefore , the 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 . However _ as exception certain and necessary written with Obviously , which is the most important all elements has fulfilled and must be very explicit mentioned in law. Need is known that in the new Criminal Code , criminal dead no again Becomes criminal tree , however Becomes criminal nature _ tree . So that this Becomes a road middle for those who agree and those who refuse . Because in the countries of the world alone only there are 50 countries that still are operate punishment criminal die . But in Indonesia still many support _ criminal die . Then , there is road middle that criminal dead permanent there is however arranged ie with condition test for 10 years especially first , then will arranged again that criminal that can so changed Becomes criminal lifetime live .
Temporary that , Great Master Faculty of Law (FH) Diponegoro University (UNDIP), Prof. Dr. Pujiyono explain that in cases encountered , many vigilante _ _ because law no give road go out for woman if related with exists adultery . So in Thing as that appears , is source determination something follow criminal , no only formal, but also material, so that there is principle legality formal and material . Because the concept of the new National Criminal Code We based on principles balance , for one is principle balance formal and material determination .
No without reason , when people who stated that living law as if no give certainty law , though certainty law no only just corresponding by law. Because deep Public there is something no norms _ written , then from that living law must turned on return in provision law criminal with conditions enforceability ie limited where the law custom the happens and doesn’t can contrary with Pancasila, the 1945 Constitution and universal human rights.
Then , Prof. Dr. Pujiyono also conveyed regarding the demo, many claim that demo it is convicted . Even though the demo can convicted when no there is permission and destroy . Because actually the demo itself is right for do control to the state, so permanent must notice order Public so that don’t until there is riot . What is regulated in the new Criminal Code this it’s been very democratic and it’s not there is intention for silence freedom argue .
On the other hand, Great Master Faculty of Law (FH) Semarang State University (UNNES), Prof. Dr. R Benny Riyanto put forward that the new National Criminal Code born this has through the public hearing process so that accommodate whole aspirations from all element society , so Indonesian people must operate what already _ Becomes decree together . Prof. Benny even disclose that travel the National Criminal Code requires no time _ little and there a number of enough change _ fundamental from systematics of the National Criminal Code with WvS , so has conducted simplification .
With all point urgent from how urgency as well as existence update in the National Criminal Code for replace position enforcement system law since the Dutch colonial period , of course Public spacious too _ for Keep going understand it in a manner comprehensive so that no again happen debate and pros and cons if all Public already understand the substance of this National Criminal Code . Socialization has been very successful hosted by Mahupiki in framework the even until to various area in Indonesia.
)* Writer is contributor Equator Sound