MANOKWARI – The Indonesian Criminal Law and Criminology Society (Mahupiki) in collaboration with the Papua State University (Unipa) held a socialization event for the new Criminal Code at the Swiss Bel Hotel Manokwari, Papua, Wednesday (8/2).
The speakers who attended were Padjadjaran University (Unpad) Bandung Law Expert, Prof. Romli Atmasasmita, Professor of Criminal Law at the University of Jember (Unej), Prof. Arief Amrullah and Professor of the Faculty of Law, Diponegoro University Semarang, Prof. Dr. Pujiyono SH, M. Hum.
The Secretary General of Mahupiki, Ahmad Sofian said that the aim of this outreach was not only to inform that we have a new Criminal Code, but also to have a dialogue on the Criminal Code so that the public understands it.
“Stakeholders can ask interviewees directly instead of asking through the mass media or social media, for fear that the answer will not be right,” said Ahmad.
Unipa Chancellor, Dr. Melki Sagrim SP. Msi said talking about the Criminal Code is inseparable from human rights, such as race, skin color, gender, language, and religion. All of that is given from God and there is no need to question it.
“The Criminal Code cannot be separated from human rights (race, skin color, gender, language and religion). It was given from God and there is no need to question it anymore,” he said.
When delivering his presentation material online, Prof. Romli Atmasasmita said that so far Indonesia has used the Criminal Code originating from the Netherlands (Wetboek van Strafrecht voor Nederlansch Indie/WvS), which has existed since 1918. Then the WvS was adopted into national law through Law Number 1 of 1946 concerning Criminal Law Regulations.
“So far we have used the Criminal Code inherited from the Dutch colonials, even today it is still being enforced because even though Law Number 1/2023 has been promulgated, there is still a 3-year transition period,” said Prof. Romli.
Meanwhile, Prof. Arief Amrullah said that Indonesia already has Law no. 1 of 2023 concerning the Criminal Code. Consists of Book I and Book II, with a total of 624 articles.
“Indonesia at this time can be proud of itself because it has a new Criminal Code or National Criminal Code where previously more than 100 years the Criminal Code of products from the Netherlands has been in force in Indonesia,” said Prof. M. Arief.
The new Criminal Code has advantages over the previous Criminal Code, which is about balance between national values and universal values. According to him, the development of universal values cannot be separated, so international instruments must also adapt.
“This is what differentiates it from the old Criminal Code, and this is one of the advantages of the new Criminal Code. The new Criminal Code also contains a balance between human rights and human rights obligations, so it does not just demand rights but also obligations. This is different from the old Criminal Code,” he said.
In the same place, Prof. Dr. Pujiyono SH M Hum, said there were a number of actual issues in the New Criminal Code or the National Criminal Code, including living law or customary law, abortion, contraception, adultery, cohabitation, obscenity acts, crimes against religion or beliefs and acts crimes related to freedom of expression.
“The customary criminal law or customary offenses that apply are based on empirical research and will form the basis for the formation of regional regulations (Perda). The applicable customary criminal law (delik adat) is based on empirical research and will form the basis for establishing a regional regulation,” said Prof. Pujiyono.
