By: Rizal Arifin ) *
The new Criminal Code (KUHP) passed by the DPR and the Government has advantages over the previous Criminal Code. One of these advantages is about balance loads. The material of the national criminal law regulates the balance between the interests of society and the interests of individuals, or what is called with balance monodualistic . That is , besides watching facet objective from deeds, laws Criminals also pay attention facet subjective from the perpetrator.
This was stated by the Professor of Criminal Law at Gajah Mada University (UGM), Prof. Dr. Marcus Priyo Gunarto in socialization of the new Criminal Code held by the Indonesian Criminal Law and Criminology Society (MAHUPIKI) in Ternate, North Maluku on Monday 30 January 2023. He said that recognition of customary law, and customary offenses which are characteristic of Indonesian criminal law because of customary offenses since independent existence recognized by the state. Customary law is also the pinnacle of culture that must be recognized if we are consistent with Bhinneka Tunggal Ika.
In the new Criminal Code there is two book namely general provisions and actions criminal law , while the Criminal Code is the Dutch or _ Wvs there is three book . So far, attempts to commit violations have not been punished. In the new Criminal Code that the attempt is only punishable by a fine of category two out of eight categories of fines. The prominence of justice above legal certainty. This principle lives on in unwritten judicial doctrine and practice.
If there is a conflict between justice and legal certainty, then justice must be prioritized. Every citizen has the right to obtain fair legal certainty. The principle is not legal certainty according to law but legal certainty according to justice.
new thing that needs to be known by the wider community regarding corporate crime liability is that it is not only imposed by those who enter the corporate structure but also includes those outside the corporation who benefit from or participate in controlling the corporation. In this case, a corporation that is deliberately set up to commit a crime. The people who formed it must be outside the corporation. In their responsibility _ yag is at outside can be penalized.
Temporary on the side others , there are a number reason justification and reasons forgiveness that is usually known in the doctrine. Article 49 paragraph 1 reason justification and article 49 paragraph 2 forgiving reasons. Provision recidive general , ie do not see the same crime or not because the most important thing is already being convicted and the next sentence can made justification .
Temporary that , Plt Director General Regulation Legislation – Invitation Kemenkumham Dr. Dhahana Putra joined support the existence of the National Criminal Code. According to him, the idea of replacing the Criminal Code originating from colonial products has been around for a long time. In the colonial Criminal Code, the approach is that all things can be punished, so that over capacity in Correctional Institutions and not in accordance with society. It becomes a problem because each institution adheres differently, so it requires a legal product that adopts restorative justice.
The long journey of establishing the Criminal Code has become something meaningful to us. For quite a long time Indonesia was colonized by the Dutch, since then Indonesia has used WvS from Holland. Desire to change the Criminal Code has been done since 1958 since the existence of the LPHN. During the 7 Presidents and 7 Governments during the struggle to change the Criminal Code
Chairman Senate Academic Faculty of Law, University of Indonesia Dr. Surastini Fitriasih say innovation related crime and punishment in the new Criminal Code . It was further said, the rationale for the provisions of the Criminal Code regarding Criminal and Punishment looked that Retributive or Retaliatory or Lex Talionis already must abandoned . In addition, local wisdom needs to have a place to explore traditional values.
Thus , the view that prioritizes prison as the most appropriate and dominant punishment in punishment already no fit again. Therefore, there must be alternative sanctions that go as far this accommodated in the national Criminal Code .
Surastini make sure the advantages of the new Criminal Code as a criminal law and system modern punishment that is starting from _ principle balance , an open and limited recodification of Criminal Law , containing various related innovations crime and punishment , accountability criminal corporations , regulate absolute liability (Strict Liability), and substitute liability (Vicarious Liability).
It should be noted that on January 2, 2023 the Government issued Law Number 1 of 2023 concerning the Criminal Code. This new Criminal Code will take effect after 3 (three) years from the date of its promulgation replace Wetboek van Strafrecht ( WvS ) or also known as the Criminal Code as stipulated by Law Number 1 of 1946 concerning Criminal Law Regulations which have been amended several times.
The new Criminal Code consists of 37 chapters, 624 articles and 345 pages which are divided into two parts, namely the articles and explanatory sections. The new Criminal Code consists of 2 (two) books, namely Book One (Articles 1 to 187) and Book Two (Articles 188 to 612. Book One contains general rules as guidelines for the application of Book Two as well as laws outside Law 1 /2023, Provincial Regulations, and Regency/City Regional Regulations, unless otherwise stipulated by law so that the First Book also becomes the basis for Laws other than Law No. 1 of 2023.
)* Writer Is Renewal Legal Aid Institute activists
