Discussions On The Draft Criminal Code And PAS That The DPR Resumed

JAKARTA - Commission III of the DPR is discussing the draft law (RUU) on the Criminal Code and the revision of the Penal Code (RUU) which was sought over in the previous period. As a result, the two bills will be thoroughly discussed again, but it is no longer a matter of substance.

Chairman of Commission III Herman Hery said that all members agreed to re-discuss the Criminal Code Bill and the PAS Bill. However, before discussing the Carry Over Law further, his party will write to the government so that the government assigns an assignment to the Minister of Law and Human Rights.

"So it is not Surpres. The government has assigned representatives of the government to meet with us, to discuss the discussion of the bill. The two bills were discussed in the Committee at Commission III, namely Panja KUHP, which will still be led by Pak Mulfachri and Panja Permasyarkatan will be led by me. Because Erma is no longer in charge. there is more, "he said, after an internal meeting, at Commission III, DPR Building, Parliament Complex, Senayan, Jakarta, Monday 17 February.

Herman explained, after his party received a letter from the Minister of Law and Human Rights regarding the assignment of its members and forming a working committee, it then started the discussion. He asks to wait. Because the letter will be sent within a day or two.

"We agree not to start again, carry over. We will try to find some crucial subtabsi articles to communicate with stake holders. So it won't be dismantled from the start.

Regarding whether later in the discussion process there will be a public hearing (RDPU), Herman explained, the mechanism still exists and all related parties will be summoned to attend the meeting. "Discussed the next trial period," he said.

Member of Commission III Trimedya Panjaitan said that discussions on the Criminal Code Bill and the PAS Bill highly depended on the agreement between the factions in the commission. Discussions may focus on articles that are considered controversial.

"Ideally what he thinks is problematic by the community, that's what is discussed. But because of this the master piece shouldn't take too long to finish. If we want it to be perfect, it's difficult. Everyone is waiting, it's over if possible, the current period of the Criminal Procedure Code. So, our law is perfect, we will finish the Criminal Code and the Criminal Procedure Code, "he said.

Trimedya said, if there are articles that are considered problematic according to the community, his party will disseminate them. Thus, the discussion of these two bills will only focus on articles that were rejected by the public.

"Re-discussing it is limited to what is considered problematic by the community, if there is no problem, what to do," he explained.

Controversy Article in the Draft Criminal Code

1. Customary Law

Article 2 concerning laws that live in society, which states:

1) The provisions referred to in Article 1 paragraph (1) do not reduce the validity of the law that lives in society which determines that a person should be sentenced even though the act is not regulated in this law.

(2) The law that lives in the community as referred to in paragraph (1) applies in the place where the law lives and as long as it is not regulated in this law and is in accordance with the values contained in Pancasila, the 1945 Constitution of the Republic of Indonesia. , human rights, and general legal principles recognized by civilized society.

2. Insult to the President

Article 218 related to insults to the President and Vice President, especially in paragraph (1). The sound of Article 218 paragraph (1) is:

(1) Anyone who publicly attacks the honor or dignity of the President or Vice President shall be sentenced to imprisonment for a maximum of 3 (three) years and 6 (six) months or a maximum fine of category IV.

3. Insult to the Government

Articles 240 and 241 concerning insult to the government.

Article 240 means that every person who publicly commits an insult to a legitimate government which results in rioting in the community, will be punished with a maximum imprisonment of 3 (three) years or a maximum fine of category IV.

Article 241 states that every person who broadcasts, displays, or attaches writing or pictures so that it is visible to the public, plays a recording so that it is heard by the public, or disseminates by means of information technology which contains insults against the legitimate government with the intention of making the contents of the insult become public knowledge which results in the occurrence riots in society shall be punished with a maximum imprisonment of 4 (four) years or a maximum fine of category V.

4. Witchcraft

Article 252 concerning the possession of supernatural powers to commit criminal acts. The sound of Article 252 is: paragraph (1) Any person who claims to have supernatural powers, informs, gives hope, offers, or provides assistance to other people that because of his actions it can cause illness, death, or mental or physical suffering to a person, shall be punished by a maximum imprisonment of 3 (three) years or a maximum fine of Category IV.

Paragraph (2) If every person as intended in paragraph (1) commits the act for profit or as a means of livelihood or habit, the penalty can be increased by 1/3 (one third).

5. Poultry Entering the Yard

Article 278 concerning the abandonment of poultry, which states that every person allowing the poultry they breed to walk in the garden or on the land where seeds or plants belonging to other people have been sown, shall be subject to a maximum fine of category II.

6. Showing contraceptives

Article 414 concerning displaying contraceptives, which states that every person who openly displays, offers, broadcasts writing, or shows to be able to obtain birth control to a child, shall be punished with a maximum fine of category I.

7. Adultery

Article 417, reads:

(1) Every person who has intercourse with a person who is not a husband or wife shall be punished for adultery with a maximum imprisonment of 1 (one) year or a category II fine.

(2) Prosecution as referred to in paragraph (1) shall not be subject to prosecution, except for complaints from husbands, wives, parents, or children.

8. Living together

Article 418 concerning cohabitation or living together, which reads as follows:

(1) Every person living together as husband and wife outside of marriage shall be punished with imprisonment for a maximum of 6 (six) months or a maximum fine of category II.

9. Homeless

Article 432 concerning vagrants, viz

Every person who strays on the street or in a public place that disturbs public order, shall be subject to a maximum fine of category I.

10. Abortion

Article 470 concerning abortion, namely:

(1) Every person who aborts or kills a woman with her consent, shall be sentenced to a maximum imprisonment of 5 (five) years.

11. Corruption Crime

Article 604 concerning the criminal act of corruption which states, every person who unlawfully commits an act of enriching himself or another person or a corporation which harms the state finances or the state economy, is sentenced to life imprisonment or imprisonment of at least 2 (two) years and a maximum of 20 (twenty) years and a fine of at least category II and at most category IV.