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The Criminal Code Brings a Modern Legal Paradigm


By: Maya Naura Lingga )*

The old Criminal Code (KUHP) is an obsolete legal product that must be updated. The government has revised the RKUHP into the Criminal Code with the hope that the law will be able to bring a modern legal paradigm.

Presidential Chief of Staff (KSP) Moeldoko revealed that the new Criminal Code is able to reflect Indonesian values, not only that, but also far better protects human rights with its modern legal paradigm.

          Moeldoko explained that after the ratification of the new Criminal Code by the Indonesian Parliament some time ago, this confirmed that Indonesia currently has its own codification of criminal law.

          This was finally achieved after the Homeland became independent for 77 years from the Dutch colony.

          Not only that, according to him, the new Criminal Code reflects the values of the Indonesian people, including more protection of human rights with the modern criminal paradigm it promotes.

          Of course, this is very much different when compared to how the paradigm of the old Criminal Code was left by the Dutch colonialists from hundreds of years ago.

          Broadly speaking, it can be said that at this time Indonesia’s independence is far more sovereign since the ratification of the new Criminal Code, because there has been no more foreign intervention in the country.

          In this regard, Andi Widjajanto as the Governor of the National Defense Institute (Lemhanas), stated that after the ratification of the new Criminal Code, Indonesia must indeed emphasize geopolitical strategic autonomy.

          Furthermore, he revealed that foreign intervention against the legal sovereignty of this nation has been broken.

          From a geopolitical point of view, after the ratification of the Criminal Code, Indonesia needs to emphasize Indonesia’s strategic autonomy. This is strengthened by breaking foreign intervention against Indonesia’s legal sovereignty.

          The Governor of Lemhanas added that there had been an evolution in the current development of Indonesian law.

          This is because legal development in the country has adopted the development of a modern criminal law paradigm and paid attention to the need to strengthen the consolidation of democracy in Indonesia.

          Legal experts have tried to make the Criminal Code as perfect as possible with Indonesian values with a modern legal approach, because it is applied to the people of this country.

          The Criminal Code has been formalized and the criminal law will be more perfect to protect society from various crimes.

          The new Criminal Code also adopts Indonesian values because this country is thick with eastern culture.

          In article 413 of the Criminal Code there is a prohibition against committing adultery and a prohibition on sexual relations on the bed without a valid marriage bond (by the state). The penalty is 1 year imprisonment.

          Indonesia is a democratic country, not a liberal country, so the article on adultery must be applied so as not to turn Indonesia into a country that is too free.

          Indonesian values that are polite and do not apply liberalization are implemented in the latest Criminal Code.

          These rules are mandatory to protect the Indonesian people, so that they always remember Eastern customs, politeness and at the same time comply with the rules of their beliefs.

          In addition, the Criminal Code contains living law (customary law) which is permitted in criminal arrangements. For example, in the people of Bali or Papua, where customary law is still strong.

          When someone violates them, they may be punished according to custom, because there is an article in the Criminal Code.

          The Criminal Code also contains Indonesian values because it prevents the destruction of Indonesian cultural products.

          For example, there are tourists who break the rules by going up to parts of the temple carelessly or taking pictures showing immodest poses.

          On a different occasion, Deputy Head of the Pancasila Ideology Development Agency (BPIP), Karjono stated that the old Criminal Code was a Dutch heritage.

          The content of the Criminal Code is an adaptation of Dutch regulations brought to Indonesia by the VOC, not the Netherlands.

          Karjono added, when the VOC brought the Criminal Code, there were 3 classifications. Namely the law for Dutch people, for foreign easterners and natives.

          The old Criminal Code was a law in colonial times and was too old-fashioned and based on revenge. Of course a regulation that was drafted a century ago, of course if it is not relevant if the regulation is applied to the current situation.

          In a period of 100 years, of course a lot has changed and the old Criminal Code could not accommodate these changes.

         Meanwhile, the new Criminal Code uses modern law that is not based on revenge.

          The formation of convicts is at the core of modern law, because it is more important than simply passing sentences.

          When only punished without rehabilitation and coaching sessions, convicts will commit crimes again and are no longer afraid of going to jail.

          In the modern legal paradigm, it is taught that the mentality of criminals like this must be changed, so that more people obey the law. Modern laws will educate people.

          As a modern regulation, the Criminal Code is important to safeguard criminal law everywhere, both in the real world and in cyberspace. Modern law also includes regulation in cyberspace.

)* The author is a contributor to Nusantara Reading Room

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