By: Lukman Keenan Adar )*
The RKUHP (Draft Criminal Code) has accommodated the aspirations of the people throughout Indonesia. This is reflected in the intensive outreach activities carried out by the Government which not only informs about the RKUHP, but also absorbs people’s aspirations.
The RKUHP is planned to be ratified in December 2022. The public is waiting for its ratification because this RKUHP will replace the position of the KUHP, which was a legal product made by the Netherlands during the colonial period.
The Coordinating Minister for Politics, Law and Security, Mahfud MD, stated that the RKUHP had accommodated the aspirations of the people. He hopes the bill will be passed soon. Democracy gives the right to the opinion of all people. While the constitution determines the decision-making process if the aggregation process is not unanimous.
Mahfud MD continued, initially the RKUHP wanted to be completed before August 17, 2022, as a gift for the independence of the Republic of Indonesia. However, President Jokowi wants all aspirations to be accommodated, therefore the government has opened a dialogue to open up space for input on aspirations regarding the contents of the draft RKUHP. The government has accommodated aspirations in 11 cities and ensured that the community is involved and provides input on the RKUHP.
This means that the government does not formalize the RKUHP before accommodating the aspirations of the people. It is possible that the promulgation of this bill will be accelerated, but President Jokowi is not pleased. He wants the Indonesian people to give their aspirations regarding the RKUHP, because later the new version of the KUHP will regulate their lives.
Giving time and opportunity to provide aspirations for the RKUHP within a few months is considered sufficient. The voices from student representatives, lecturers, private employees, and elements of the community, are sufficient to represent the voices of the people. They provided various inputs for further refinement of the RKUHP, and understood that this bill must be ratified immediately after participating in outreach sessions and dialogue on the RKUHP.
The RKUHP continues to be disseminated massively in order to capture aspirations. This is also to refute the accusation that the discussion of the RKUHP was only carried out unilaterally. Moreover, if the ratification of the RKUHP continues to be postponed, the effect will not be good for society. For example, when there is a case of adultery and the RKUHP has become a new version of the KUHP. The perpetrator did not move because he was threatened with a sentence of 1 year in prison.
The RKUHP must be ratified immediately because it has accommodated people’s aspirations within a few months. Can’t wait until next year for fear it will be delayed again. The reason is because the desire to make RKUHP has existed since the New Order era.
Don’t let President Jokowi’s reign end, this bill has not been ratified. The bill must be formalized quickly because Indonesia must be constitutionally independent. Don’t let Indonesia become independent, but still use legal products inherited from the Dutch colonial government.
Member of Commission III DPDR RI Johan Budi, stated that the RKUHP must be ratified immediately. There has been socialization and dialogue on the RKUHP. All of that is in accordance with government mechanisms. RKUHP dialogues are held in public spaces and are carried out in a hybrid manner, i.e. direct and virtual. In this way, there will be far more participants, so that more and more people’s aspirations can be accommodated.
Now is the time to ratify this RKUHP. If there is still more dialogue, it is feared that the RKUHP will not be ratified and will have a negative impact. It’s the same as Indonesia returning to the colonial period, because it still uses the Criminal Code made by the colonialists.
In the process towards ratification of the RKUHP, the government has implemented a just democracy. If President Jokowi gives the opportunity to carry out dialogue and collect aspirations, then he invites the people to participate in forming their own laws. This is in accordance with the principles of democracy.
Indonesia is a democratic country and it was implemented during the reign of President Jokowi. So, don’t think that the RKUHP is anti-democratic, because the spirit of the RKUHP is free from colonial overtones.
The RKUHP is a domestic product and is different from the current KUHP which is a legacy from the Netherlands and does not have a standard interpretation. In addition, the additional articles in the RKUHP are very useful. Therefore, the RKUHP needs to have the support of all parties because it is made to protect all components of the nation. In addition, the RKUHP provides alternative sanctions by prioritizing the modern legal paradigm.
The RKUHP has accommodated the aspirations of all Indonesian people during the socialization period. According to the schedule, this bill will be passed in December 2022. The public should support this bill because it will protect them from all types of criminal crimes. The government proves that Indonesia is still a democratic country, because people are allowed to give their aspirations in socializing the RKUHP.
)* The author is a contributor to Persada Institute
