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Professor of the Faculty of Law at Pancasila University Prof Ade Saptomo: RKUHP Improves Indonesian Democracy


Jakarta, CIDISS.CO – Professor of the Faculty of Law at the Pancasila University, Prof. Ade Saptomo, said that the RKUHP which is currently being prepared by the government actually improves democracy in Indonesia. The legal product should have been upgraded again because it is not in accordance with the current developments.
This was stated by Prof. Ade in the National Dialogue on Pancasila TV, Friday 12/8.

Prof Ade said that the students had just been able to judge that the current Criminal Code was too old or outdated. So theoretically a good law is a product that cannot be separated from the socio-cultural factors of the law being produced or made. If you look at it from that point of view, the Criminal Code, which is a translation of the stachrect from the Dutch colonial era, is far from the theory and concept. Then materially, the material of the articles will be appropriate if applied where the law or material is published. So that the current RKUHP will be enforced immediately. If the current Criminal Code is updated, of course it is in accordance with the current era.

The articles in the RKUHP actually improves democracy. In fact, the current RKUHP improves the quality of democracy. So democracy is in accordance with Indonesian culture, not wild and barbaric, said Prof Ade.

Meanwhile, related to the article on insulting the President and Vice President, Prof Ade said that if you reflect on the second principle of Pancasila, Civilized Humanity, it means that all your words and actions must be civilized. In this way, it will improve the quality of Indonesian society.

Judging from its contents, the masses cannot distinguish between criticizing and insulting. If the criticism is done in a polite manner, the choice of words is measurable, the behavior is measurable and don’t forget that if you are asked to be responsible there must be data. “Criticism with insults is very much different,” said the Professor of the Faculty of Law, University of Pancasila.

According to Prof Ade Saptomo, the involvement of the community must have been there, but there is still time to socialize the RKUHP to institutions in the community, to campuses and NGOs, but don’t drag it out.

If there is a protest after it has all been done and legalized, then the legal channel is through the Constitutional Court by submitting a Judicial Review. So there is no need to destroy the order of values ​​and existing properties from people’s money. All corridors must be based on Pancasila so that it does not go out of bounds, said Prof Ade.

Waiting for the right time to be passed that is not measurable is just a waste of energy, thought and time. No need to linger if waiting for perfect will not be perfect – perfect. The placement of insulting articles that have criminal sanctions should not be interpreted negatively as destructive but should be interpreted as improving the quality of democracy. So that democracy in front of the public behaves in accordance with Pancasila, concluded Prof. Ade.

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