Jakarta – The ratification of the National Criminal Code (KUHP) adheres to an open and limited codification model, therefore, the legal system belonging to the nation’s children continues to allow for relevance to various kinds of developments to the dynamics that occur in society.
At a plenary meeting held by the Republic of Indonesia’s House of Representatives (DPR RI) on Tuesday, December 6 2022, the National Criminal Code has officially become the legal system in force and will soon replace the position of the old Criminal Code made in the Dutch colonial era within the next two years. front.
Regarding the approval, Professor Emeritus of Padjadjaran University (Unpad), Prof. Dr. Romli Atmasasmita explained that in fact the formation of the legal system made by the nation’s children was very much in accordance with the paradigm of modern international law.
Not only that, but it is also far more relevant to the current situation and developments in society when compared to the old Dutch-made Criminal Code, which was even produced more than 100 years ago. Several provisions of international law have even been accommodated in the National Criminal Code.
The provision of international law that is accommodated is the conditional death penalty provision. If previously, the death penalty provision was a principal punishment which seemed to be completely non-negotiable, but with the provisions of international law and also the paradigm of modern law which far more upholds the existence of human rights (HAM), then capital punishment is carried out conditionally.
Prof. Romli explained that the requirements contained in the death penalty provisions still have other alternatives, which are not used as a principal punishment at all. In fact, the convict is still given the opportunity to undergo a probationary process for 10 years and is given an assessment of whether he is able to change into a better person or not, before it is decided further what action will be applied to the convict.
Meanwhile, Criminal Law Expert at Gadjah Mada University (UGM), Prof. Dr. Marcus Priyo Gunarto also explained that the National Criminal Code has also very clearly regulated the purpose of punishment, which is contained in Article 51, which aims to be able to prevent the existence of a potential crime by upholding legal norms in society.
Not only that, but in the criminal law system which is the original product of this nation’s children, it is also very possible for a convict to be socialized again with the existence of a coaching and mentoring scheme so that the convict will later become a much better person and also more useful for those around him.
Related to the sentencing guidelines set out in the National Criminal Code, Prof. Marcus added that judges are obliged to uphold the law and justice at the same time. Even if, for example, a certain condition occurs which results in a difference between law enforcement and the aspect of justice, it is obligatory for the judge to prioritize the enforcement of the aspect of justice.
Then on another occasion, Professor of the Faculty of Criminal Law, Diponegoro University (Undip), Prof. Pujiyono revealed that the reform contained in the National Criminal Code had used an open and limited codification model.
So, with this open and limited codification model, it means that the legal system made by the nation’s children still has a very wide open space to keep abreast of the many developments that continue to occur in society. In fact, the provisions in Article 187 of the newest Criminal Code allow for a rule, which if it is considered very important to be added, but is still outside the Criminal Code, then it can be added in accordance with developments.
With the existence of this open and limited codification model, of course the National Criminal Code has a much more open nature and also serves as a solution to overcome the legal rigidity that previously existed in the old Dutch-made Criminal Code, because law enforcement can only occur if something has been written in the Law. UU, but less able to better accommodate developments in society.
Meanwhile, it is absolutely undeniable that the social and legal world in society continues to experience development and change or dynamics. So if a legal system owned by a country cannot accommodate these changes at all, it will also complicate law enforcement efforts in the country itself. This aspect of relevance is indeed a very, very important matter, and mainly even one of the reasons why it is very important that the old Criminal Code be replaced by the National Criminal Code, because in the Dutch product legal system it is very outdated and certainly not in accordance with the conditions and situation of today’s society. However, it will be very different from the National Criminal Code which adheres to an open and limited codification, so that it is able to continue to have relevance to the development of society.
