By : Farrell Haroon Jabar )*
The Criminal Code ( KUHP ) is one of them product law creation child nation . In rule such , a lot there is Very useful fundamental article .
Member Commission III DPR RI, Habiburokhman evaluate that the ratification of the RKUHP to become the Criminal Code apparently more many the benefits compared to with postponed constantly .
Himself say , a lot related fundamental articles endorsement the like change big Article 36 concept the previous law in the Dutch -made Criminal Code only adhere approach monistic it means fulfillment elements delict _
At the Public Dialogue on the Criminal Code Bill held by the Ministry of Communication and Informatics , at the Rylich Panorama Hotel, Sorong City , Criminal Law Expert University Jember , I Gede Widhiana Suarda , said a number of reason importance ratification of the RKUHP to become the Criminal Code by the DPR.
Among them , by political independent nation _ like Indonesia is mandatory have product law alone and not legacy Dutch Colonial . Then the contents of the old Criminal Code is revenge , meanwhile in law Modern crime leads to justice rehabilitative and restorative .
Criminal Code has mission meaningful decolonization _ remove shades colonial in the substance of the old Criminal Code, namely realize justice corrective-rehabilitative- restorative . Purpose and Guidelines punishment (Standard of Sentencing) and load alternative penalty Criminal . Example criminal supervision and punishment work social , if no more of five years .
Next is mission consolidation that is do drafting return provision criminal from the old Criminal Code and part of the Criminal Law outside the Criminal Code thorough with Recodification ( open-limited ). The goal is collect return scattered rules _ for collected return to in the Criminal Code.
Besides that there is anyway mission harmonization as form adaptation and alignment in respond development law latest , no rule out living law . _
According to him, the new Criminal Code have decision pardon by the judge, where the judge can decide for no drop criminal or no with consider lightness deeds , circumstances personal actor , facet justice and humanity .
On occasion different , Minister of Law and Rights Fundamental Man ( Menkumham ) Yasonna H Laoly , said the new Criminal Code expand type possible punishment _ dropped to perpetrator follow criminal . There is three type criminal in the new Criminal Code ie criminal principal , criminal additional and penal special . In drop punishment , offender follow criminal could rewarded punishment criminal main and criminal addition .
There are a number criminal additions set _ in the new Criminal Code , one of them is repeal right certain . Repeal right hold position the public at large , or position certain . Then right Becomes members of the Armed Forces and the Police .
Besides that there is also a mechanism about payment change loss . Where in decision court could set obligation convict for carry out payment change make a loss to the victim or expert inheritance as criminal addition . Inclusion criminal addition form payment change make a loss show exists understanding on suffering of a victim follow criminal . Therefore change make a loss must paid to the victim or expert victim ‘s heir . Therefore , the judge determines who is the necessary victim get change loss .
If convict no pay change loss determined by the judge in verdict , then will imposed provision criminal replacement form criminal fine . throughout obligation payment change make a loss it turns out no implemented convict , then enforced provision about implementation criminal with as arranged in Article 81 to with Article 83 of the new Criminal Code in a manner mutantis mutandis.
The Criminal Code is old indeed already duly revised for regulation in accordance with over time, of course just the ratification of the RKUHP to become the Criminal Code has been pass various processes, so can certainly the Criminal Code has Very useful Fundamental article .
)* Writer is contributor Persada institute
