Criminal Code in Accordance with Indonesian Culture
By: Maya Naura Lingga )*
The Criminal Code (KUHP) is in line with Indonesian culture because there is an anti-adultery article which prohibits men and women from living in the same house without a valid marriage bond. Indonesia cannot tolerate such a lifestyle. The Criminal Code was created over the years by legal experts and adapted to Indonesian culture, because it is intended for Indonesian citizens.
The new version of the Criminal Code adopts Indonesian values and human rights. Legal experts make the Criminal Code as perfect as possible with Indonesian cultural values with a modern legal approach, because it is applied to the people of this country.
The Criminal Code was formalized in December 2022 and the criminal law will be more perfect and protect the public from various crimes. Modern laws will be enacted and correct those who have done wrong. In addition, the Criminal Code was made by adopting the values and norms in harmony with Indonesian culture.
Member of Commission III DPR RI Arsul Sani stated that making the Criminal Code (KUHP) was not easy. According to him, the drafting of the Criminal Code will not be separated from the context of Indonesia, which consists of different religions, cultures and ethnic groups from Sabang to Merauke. Making the Criminal Code is not an easy job.
In a sense, the Criminal Code is in harmony with Indonesian culture because it was made for Indonesians. In the Criminal Code there are articles that represent Indonesian culture such as anti-adultery articles and living law articles (customary law).
The Criminal Code is in harmony with Indonesian culture because this country is thick with eastern culture. In Article 413 of the Criminal Code there is a prohibition against committing adultery and intercourse on the bed without legal marriage ties (by the state). The punishment is 1 year in prison or a fine of IDR 10,000,000.
Indonesia is a democratic country, not a liberal one, so the article on adultery must be applied so as not to make this country too free. Indonesian cultural values that are polite and do not apply liberalization are implemented in the latest Criminal Code. This rule is 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, in the Criminal Code there is living law alias 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. These are Indonesian values that must be preserved.
The Indonesian Criminal Code contains Indonesian values because it prevents the destruction of Indonesian cultural products. For example, when there are tourists who violate the rules by going up to parts of the temple carelessly or taking pictures in impolite poses. They can be subject to living law articles in the Criminal Code.
Arsul Sani added that the new Criminal Code does not apply to the world or the west, but specifically to Indonesia. He revealed that the social contract between Indonesian people and people in other (western) countries is different. From there (the west) we were taught a way of thinking, namely that the state does not interfere in the private affairs of its citizens or else it will violate human rights.
In a sense, outsiders should be aware that Indonesia is a sovereign and independent country. They are not allowed to regulate existing laws in Indonesia because the Criminal Code is in harmony with Indonesian culture. If it is different from the culture of the nation, it is natural because the people who make it are different and the people who obey the rules are also different.
If someone protests against the Criminal Code, they must learn Indonesian culture. Where since before the era of independence, promiscuity was strictly prohibited, because it is not in accordance with eastern customs.
Don’t attack the Criminal Code with the excuse of violating human rights because no human rights are taken away at all. Preserving Indonesian culture by passing the Criminal Code will not violate human rights. Precisely promiscuity will be eradicated from Indonesia because it is not in accordance with Indonesian norms and culture, and does not constitute a violation of human rights. The reason is because since independence Indonesia does not tolerate promiscuity.
No one should think that the Criminal Code is cruel and an inhumane law. Even though they are not aware that Indonesia and there are different. In Indonesia, there is an understanding of democracy. Meanwhile, there is a liberal ideology which means to be as free as possible.
Supposedly as educated people, representatives of foreign parties think about cultural differences between Indonesia and abroad. Here the act of ‘samen leven’ alias living at home without marriage ties is not allowed, and the perpetrators can be punished through complaint offenses. While in other countries it is permissible because it adheres to liberalism.
The drafting of the Criminal Code has been carried out as well as possible, therefore it takes a long time for it to be ratified. This law is in accordance with customs and culture in Indonesia because it is aligned with the conditions of the people. However, the Criminal Code cannot be equated with the culture and laws in other (western) countries.
)* The author is a contributor to the archipelago reading room