Different Opinions Of The DPR Begins A New Chapter Of The Criminal Code Bill

Capitol Building (Photographer Anto)

Jakarta, voi.id - The Draft Bill (RUU) KUHP and RUU PAS will be resumed, after having stopped their ratification at level II because President Jokowi asked to postpone them. This postponement also started from public pressure, because there were articles that were considered controversial.

However, the fate of the legacy law from the previous DPR was also a matter of debate among factions. There are those who do not want the bill to be dismantled, there are also those who want to reopen the discussion regarding controversial articles.

Deputy Chairperson of Commission III Desmond J Mahesa said that the internal commission meeting discussed the draft bill to be carried over as soon as possible. According to him, this bill only needs to be advanced at level II or passed in a plenary session.

Related to the socialization of the bill, it is not to absorb aspirations from criticism of several articles in the Draft Criminal Code. Because, Desmond said, the aspirations had already been absorbed.

According to him, socializing the RUU KUHP and RUU PAS is also not the duty and obligation of the DPR. Because, this is the authority of the government.

"Yes, this is not the obligation of the DPR, this is the obligation of the government together with the DPR to explain the articles. It remains where the government is going," said Desmond, at the DPR Building, Parliament Complex, Senayan, Jakarta, Monday (4/11) .

Likewise, a member of Commission III from the PPP faction Arsul Sani said that he opened the opportunity for a hearing with civil society groups to provide input. However, his enthusiasm is not to change the agreed upon articles.

"It's fine. For example, I have communicated with civil society groups. If you say how come there is an article that the explanation is like this, it needs to be added so that this does not happen, yes that is allowed. The spirit in Commission III is like that," he said.

Regarding the possibility of the government to re-dismantle the agreed articles, Arsul emphasized that these articles had already been agreed between the DPR and the government.

"What else do you want to dismantle? Yesterday you agreed. If you want to dismantle, let it be explained. The explanation of articles by article is also an official interpretation of the enactment of the law in question," he said.

"At least if there is an improvement, that is the formulation of articles and explanations. For example, if the death penalty is still abolished, it can't. Certainly it will not happen. Because this is not a matter of politics in which coalitions and non-coalitions are divided. This is a matter of law. Material crimes. At best differences because there are different ideologies and legal philosophies of each faction, "he continued.

Arsul said the DPR is targeting the Criminal Code Bill and the PAS Bill to be completed and validated in the second year of the 2019-2024 period. This is because, if it is speeded up, this bill has not yet been included in the priority bill.

"Yes, but first enter the National Legislation Program. The initial target is definitely between early 2020 and mid 2020," he explained.

Meanwhile, member of Commission III Taufik Basari from the NasDem faction said that his party's stance was firm in wanting discussions, especially regarding the RKUHP. Meanwhile, his party did not question the PAS Bill.

"We hope there will be more discussion, especially for a number of things. For example, in Book I we have notes on article 2 about living law. We have to make sure that it does not conflict with the principle of legality. Because when we leave it, the problem is the drafting of the Criminal Code Bill down below, "he said.

Meanwhile, in Book II, he said, the spirit of criminalization is ultimately overcriminalization. Especially in the Chapter on Decency. Apart from that, there are also rubber articles because of the wrong interpretation of law enforcement officials.

"So in conclusion, NasDem wants to keep the discussion on the Draft Criminal Code open again. Second, the method is to look at the synchronization of the principles in book I of the Draft Criminal Code. Third, then simulate how the controversial articles will be applied," he explained.

Taufik emphasized that his party's desire did not mean it did not recognize the work results of the DPR in the previous period. However, his party wanted to maintain the spirit of turning colonial products into national ones.

"Achieved the goal. If we leave it, this product can be even more colonial. Why? Because of these rubber articles. His enthusiasm is to finish quickly because the discussion has been long. That's why we will schedule it for discussion, we must intensively discuss it. this year is over, "he said.