SEMARANG – The Indonesian Criminal Law and Criminology Society (Mahupiki) and the Law Faculty of Semarang State University (Unnes) held a socialization event on the Criminal Code (KUHP) at Hotel Patra Semarang, Wednesday (1/2). The activity was attended by local regional officials, legal experts, academics, and other elements of society.
Present as speakers at this event were Professor of Law at the University of Indonesia (UI), Prof. Dr. Topo Santoso, S.H., M.H. and UI Professor of Criminal Law, Prof. Harkristuti Harkrisnowo SH, MA, PhD. Meanwhile, Krisnadwipayana University Teacher, Prof. Indriyanto Seno Adji is present online.
Secretary General of Mahupiki, Dr. Ahmad Sofyan, said this activity aims to socialize as well as discuss or dialogue the new Criminal Code so that all levels of society fully understand the substance of the new Criminal Code.
“This event is a means of dialogue on the substance of the aspects of concern so that the public understands it completely and in depth directly from the experts of the drafting team,” said Dr. Ahmad.
Meanwhile, Unnes Semarang Deputy Chancellor for Academic Affairs, Prof. Dr. Zaenuri Mastur said this event was a means of disseminating and having a dialogue with the Criminal Code to the public so that they would understand its substance, then it could be implemented.
“Updating the Criminal Code is urgently needed as a legal reform, which must, among other things, adapt to the times, be oriented towards modern criminal law, and guarantee legal certainty,” he added.
Prof. Dr. Topo Santoso, in his presentation stated that one of the differences between the new or national Criminal Code and the old Criminal Code or Wetboek van Strafrecht (WvS) is that there has been a discussion along with academic texts in chapters or books on criminal acts, criminal responsibility, and criminal and sentencing. This national Criminal Code is a form of renewal or update of the old one by adopting or referring to the WvS Criminal Code.
“In the national Criminal Code, some are similar to the old Criminal Code, but one of the new ones is the emergence of discussion of criminal acts using intermediary tools that did not exist before,” he said.
On the same occasion, Professor of FHUI, Prof. Harkristuti Harkrisnowo explained several articles that are of public concern in this new Criminal Code, including those relating to Living Law (traditional law), abortion, adultery and cohabitation, as well as insults to state leaders or state institutions.
“At the time of rejection by students, the majority of whom came from young people, regarding the formulation and draft of the Criminal Code, the article they highlighted was adultery or cohabitation,” said Prof. Harkristuti.
One more interesting according to Prof. Hakristuti is a public response to the article on insulting the head of state or state institution which is considered by some to threaten freedom of speech. According to him, President Joko Widodo actually during discussions never made an issue of this matter.
“President Jokowi even stated that there was no problem with contempt, but we, from the drafting team of the new Criminal Code at that time, still suggested that there be a legal basis not only for the current president but for future presidents as a symbol of a head of state who should not be insulted,” he said.
Meanwhile, Prof. Indriyanto Seno Adji, when delivering his material online, said that criminal acts in general are very dynamic in nature following global, regional and national developments and dynamics. Therefore, it is necessary to reform criminal law in Indonesia through this national Criminal Code. Prof. Indriyanto regretted that some parties’ understanding of the national Criminal Code was not in depth, complete and detailed.
“Low understanding and easy acceptance of this issue has led to public miscommunication and misinformation about the full understanding of the substance of the articles regulated in the Criminal Code,” he concluded. [*]
