By : Janu Farid Kesar )*
Ratification of the National Criminal Code (KUHP). appreciated and become one _ achievements positive because system law the load many very good values with character typical Indonesian nation . Besides In addition , the National Criminal Code is also capable ensure exists principle justice law for all layer society .
Commission III of the House of Representatives of the Republic of Indonesia (DPR RI) and the Government of the Republic of Indonesia jointly official has agreed that Draft Constitution regarding the Criminal Code (RUU KUHP ) for Approved Becomes Act (UU). In fact , the whole The fractions contained in _ Commission III of the DPR RI and the Government have also convey opinion they that they everything has agreed that the Criminal Code Act could legalized .
Approval is coming from all The faction in Commission III of the DPR RI same very no regardless from has exists improvement in the Criminal Code Bill that was carried out in a manner holistic because has accommodate whole input from all element society in Indonesia so as not to happen criminalization that is excessive and also arbitrary actions from apparatus enforcer law with Keep going repair formula norm chapter as well as the explanation .
So far here , the Government of the Republic of Indonesia together with the DPR RI indeed has many very engage in public dialogue and outreach the manuscript of the Criminal Code with presenting many element society , mainly are academics and experts _ law as well as Public law criminal even from various type institutions and universities throughout Indonesia, so of course has increase participation public in a manner significant .
Because still there is a transition period for 3 years after the ratification which was carried out on December 6 , 2022 , means at least in 2025 , the National Criminal Code will truly apply Becomes system law in the Motherland, then Commission III DPR RI continues do control and evaluation will preparation and implementation of the Criminal Code Law , mainly related with regulation executor and all instrument or infrastructure supporters so truly Keep going corresponding with how purpose for can reach exists certainty law , justice and also brings usefulness for Public broad .
In the socialization of the National Criminal Code in Pontianak, Professor Faculty of Criminal Law , Diponegoro University (UNDIP), Prof. Dr. Pujiyono explain that the ratification carried out by the DPR RI was also a a results follow up from exists Congress Union The Nations (UN) mentioned that really necessary _ so there is a harmonization , synchronization , consistency development and renewal a law national so can corresponding with values or aspirations socio-philosophical and socio-cultural in a country.
More further , he also explained that if talk related with Book II, of course no can released from Book I. When the public criticize Book II, should be understand especially formerly about Book I. Because in law criminal that there are two core, ie norms and values . So that in Book II is the norm , however basic concepts and ideas there is in Book I
More further , related with living law , ini no Thing new . Indonesian positive law knows exists living law , so no need debated . When the person 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 .
Temporary that , Great Master Faculty of Law, University of Indonesia (UI), Prof. Dr. Topo Santoso explained that in Chapter I of Book I of the National Criminal Code , accommodate many change in modern times , which it hasn’t covered in the old Criminal Code, as well as other principles that also accommodate many development modern times .
There are 3 most important parts , viz follow crime , accountability criminal , criminal and sentencing . Whole will influence many other matters in the National Criminal Code. In the old Criminal Code not yet explained and regulated in a manner systematic about follow criminal . However in the National Criminal Code explained that follow criminal is a nature of action oppose law and by living law is also prohibited .
new Criminal Code was also assessed has adapt developments that occur in change laws in the world, so there is follow the offender ‘s crime no own error however can punished , will but as exception certain and necessary written with clear , which is important all elements has fulfilled and must be very explicit mentioned in law.
On the same occasion , Professor Faculty of Law, Semarang State University (UNNES), Prof. Dr. R Benny Riyanto said that this National Criminal Code born through a public hearing process that accommodates whole aspirations from all element society . urgency the need for the National Criminal Code to be born because happen change paradigm justice retributive , which is the concept in the old Criminal Code. shift that related three thing , that is justice corrective for the offender so no repeat it , justice restorative for the victim so quick relieve himself in trauma, and justice rehabilitative for both of them both victims and perpetrator crime .
)* Writer is Nusantara Reading Room contributors
