Ternate – In the socialization event organized by MAHUPIKI, Academics emphasized that the new Criminal Code is an attempt to reform the Indonesian criminal law system based on Pancalisa .
The resource person who attended the socialization event which was located in Ternate, North Maluku, on Monday (30/1/2023) was a University of Indonesia Criminal Law Specialist. Gadjah Mada (UGM), Prof. Dr. Marcus Priyo Gunarto, Chair of the Academic Senate at the Faculty of Law, University of Indonesia Surastini Fitriasih, as well as the Acting Director General of Laws and Regulations – Invitations of the Ministry of Law and Human Rights Dr. Dhahana Putra.
Professor of Criminal Law at Gajah Mada University (UGM), Prof. Dr. Marcus Priyo Gunarto in his outreach said that in terms of novelty there are many notes that can be conveyed starting from distinguishing between the National Criminal Code and WvS . Then, the recognition of customary law and customary offenses which are characteristic of the criminal law of the Indonesian nation because customary offenses have been recognized by the state since independence. Customary law is also the pinnacle of culture that must be recognized if we are consistent with Bhinneka Tunggal Ika.
” In the Criminal Code there are two books namely general provisions and criminal acts, while Wvs there are three books. 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 doctrines and practices,” he said.
Prof. Marcus further said, 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. Other criminal legislation must refer to the first book of the Criminal Code.
Meanwhile, Acting Director General of Laws and Regulations – Invitations of the Ministry of Law and Human Rights Dr. Dhahana Putra, who was also one of the sources, said that the long journey of forming the Criminal Code was something meaningful to us. Indonesia was colonized by the Dutch for quite a long time, since then Indonesia has used WvS from the Netherlands . The desire to change the Criminal Code has been carried out since 1958 since the existence of the LPHN. During the 7 Presidents and 7 Governments during the struggle to change the Criminal Code.
On the other hand, there is a negative statement that the RKUHP was passed in a hurry and there was no socialization even though it had been discussed for a long time since 1963 and all the articles had been reviewed,” said Acting Director General of Laws and Regulations at the Ministry of Law and Human Rights .
On the same occasion, the Chairperson of the Academic Senate of the Faculty of Law, University of Indonesia, Dr. Surastini Fitriasih mentioned the advantages of the new Criminal Code as criminal law and a modern punishment system, namely starting from the principle of balance, open and limited recodification of Criminal Law, containing various innovations related to crime and sentencing, corporate criminal responsibility, regulating absolute liability ( Strict ). Liability ), and surrogate liability ( Vicarious liabilities ).
” Criminal law regulates the interests of the individual and the interests of society. This is also reflected in the matters considered by the judge when imposing a sentence. An open and limited recodification of criminal law. It is open in nature meaning that it is still possible to grow or regulate criminal law outside the Criminal Code in the future .” said Surastini Fitriasih.
