By: Abdul Razak)*
The Draft Criminal Code (RKUHP) will soon be ratified and fully supported by many parties, from scholars to students. They consider that the RKUHP is very important to enforce criminal law in Indonesia. The articles in the RKUHP are strongly believed to protect the people from criminal crimes and bring peace to Indonesia.
The RKUHP will replace the old version of the Criminal Code, because it turns out that the law is a law inherited from the Dutch during the colonial period. Therefore, the community fully supports the inauguration of the RKUHP into a new version of the Criminal Code, because in addition to more adapting to the information technology era, the RKUHP has various articles that regulate the lives of Indonesian people as well as possible.
Various parties support the ratification of the RKUHP as soon as possible. Syukron Jamal, Executive Director of the Madani Muslim Network, stated that the inauguration of the RKUHP will provide a sense of justice to all Indonesians. The RKHUP is based on the principle of Pancasila which is the state ideology and in the bill there is a prohibition on replacing Pancasila with another ideology.
In a sense, community leaders support the RKUHP because it is based on Pancasila. In this bill there is an article regarding the prohibition of blasphemy, and it is very relevant to the Precepts of Pacasila ‘Belief in One Supreme God’. Adherents of other faiths must be respected and they should not be insulted, because the government recognizes 6 beliefs in Indonesia.
The prohibition of blasphemy in the RKUHP is very important, especially ahead of major religious holidays. Usually there are unscrupulous members of mass organizations who are sweeping and emotional because they see other religious celebrations, then commit insults. However, they will be entangled by the RKUHP if they are determined to do so, because it is considered blasphemy.
Support for the ratification of the RKUHP from community leaders is very important because he has quite a name in the community. Later, not only members in the organization who are also pro RKUHP. But also ordinary civilians, who sympathize with him, and will support the RKUHP because they believe that this bill is good for securing the community from various criminal acts.
Meanwhile, the students also supported the ratification of the RKUHP. Ahmad Supardi from BEM (Student Executive Board) Nusantara stated that the RKUHP must be promulgated immediately because it is a product of national law. In addition, the RKUHP is also ideal as a substitute for the old version of the Criminal Code.
The RKUHP is a national law because it was originally made by Indonesian legal experts, including Professor Muladi who is a professor and senior legal expert in this country. While the old version of the Criminal Code is a law made when the Dutch were still colonizing Indonesia, more than 77 years ago.
It is feared that if the Criminal Code is not revised it will be too old-fashioned, because in more than 77 years the era has changed continuously. Starting from the colonial period, independence, the old order, the new order, to the reformation period. Now when society continues the spirit of reform and makes use of information technology, it needs a new law that is relevant to today’s era.
BEM Nusantara also appealed to all students to support the RKUHP. The students were given the understanding that the RKUHP is very good for the Indonesian people. Not to shackle the people, but to secure the people from various immoral acts and criminal acts in the field.
If BEM Nusantara supports the RKUHP, student demonstrations against the RKUHP will subside. The reason is because they understand that this bill is for the benefit of the community and to protect them from various criminal crimes. Then, demonstrations during the pandemic are also prohibited, because they are not given permission by the authorities.
When BEM Nusantara and the students supported the RKUHP, it was very good because at first they staged a demonstration to reject this bill. But in the end they understood that the RKUHP was good for the lives of the Indonesian people. Especially when the government continues to socialize the RKUHP.
The government socialized the RKUHP through the Ministry of Law and Human Rights and several other state institutions. The socialization was carried out mainly to explain several articles in the RKUHP which were considered controversial. Among them are articles regarding living law, aka customary law, the violator of which will be punished.
Articles concerning customary law highly appreciate the existence of indigenous peoples, who are the guardians of wealth and culture in Indonesia. This article does not restrain the community when they visit an area that has strong customary law. In fact, this article stipulates that visitors are more orderly and respect customary law, because in accordance with the saying ‘where the earth is stepped on, the sky is upheld’.
Meanwhile, the religious leader Kiai Haji Nuruddin Ar-Raini fully supports the RKUHP, especially the article on the prohibition of shamanism. This bill is important to anticipate people who claim to be shamans, who have supernatural powers. What he is concerned about is not the magic, but the effect of the occult.
The problem is, many people
