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The National Criminal Code Prioritizes Restorative Justice and Presents Justice


Jakarta — It is considered that the national Criminal Code continues to prioritize the principles of restorative justice, so that it is able to present justice, balance and efficiency in every criminal trial.

Deputy Chairman of Commission III of the Republic of Indonesia’s House of Representatives (DPR RI), Ahmad Sahroni, spoke about the recently passed national Criminal Code (KUHP).

Mainly, related to the existence of adultery and cohabitation articles which continue to be a polemic in society.

Regarding the existence of this article, he continues to appeal to law enforcers to continue to be careful in carrying out their duties and continue to prioritize the principle of restorative justice in criminal handling.

“I am aware that there are still imperfections in the new Criminal Code. So I hope the police will also be careful in establishing articles and prioritizing restorative justice,” said Sahroni.

Furthermore, the man who is also a politician from the Nasdem Party explained that restorative justice itself is a feature of modern law, which has many benefits in solving cases that are more optimal.

The reason is, by using this principle, criminal justice will be more just, balanced and efficient.

“This is because restorative justice is a new paradigm in criminal justice that is proven to be fair, balanced and efficient,” he said.

In fact, with the application of restorative justice, which is a modern legal paradigm in the national Criminal Code, for him he was able to fill some of the existing deficiencies.

Also included, this principle is very functional if it is applied in the articles of adultery and cohabitation.

“So, if there are still deficiencies (in the Criminal Code), for example the adultery article, then we will prioritize restorative justice there,” he concluded.

Meanwhile, Deputy Minister of Law and Human Rights Edward Omar Sharif Hiariej explained that so far, if the Dutch colonial-era Criminal Code continued to be enforced in Indonesia, more and more people would be sentenced with uncertainty.

Because in the old Criminal Code there are still many things that allow for multiple interpretations including many different principles in it.

“I can show you the articles that are translated differently. What does this mean, I want to say emphatically, ladies and gentlemen, you can imagine, millions of people are convicted under an indefinite Criminal Code, and the differences in principle are not only in the formulation of offenses, but in criminal sanctions. “That’s a very sharp difference,” he said.

In fact, there is a gradation that goes a long way, especially how the original manuscript was published by Wetboek van Strafrecht.

So according to him, it is no longer possible if Indonesia continues to use it and continues to try people with a code of laws that is full of uncertainties and has multiple interpretations.

“That’s an extraordinary gradation. It’s just that sometimes lawyers have never read the original Wetboek van Strafrecht, I have the 1915 issue. So I don’t understand, will it continue to try people with an uncertain statute,” he explained.

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