DPR Agrees To Insult President To Restorative Justice In The Criminal Procedure Code
JAKARTA - Commission III of the DPR and the Government have agreed that cases related to insulting the President or Vice President can use a restorative justice (RJ) mechanism by resolving it outside the court. This rule is stated in the Draft Law (RUU) of the Criminal Procedure Code (KUHAP).
Chairman of Commission III of the House of Representatives, Habiburokhman, said that the proposal had been submitted by various circles of society. He considered that hate speech or insults were usually intended as criticism of the government.
"Therefore, part of our readiness to receive criticism, there must be a solution mechanism outside the RJ court for this so-called case," said Habiburokhman during a discussion of the Criminal Procedure Code Bill with the government, reported by ANTARA, Wednesday, July 9.
This surfaced during the discussion of Article 77 of the Criminal Procedure Code which excluded a number of cases to be resolved outside the court with the RJ mechanism.
However, the exclusion points regarding the dignity of the President or Vice President, heads of friendly countries, are regulated in Article 77 letter a.
He also suggested that the provisions be removed, so that the cases of insults were not excluded from being able to take the RJ mechanism.
That way, according to him, if someone insults the head of state, then dialogue must be put forward. Because, he said, previously not a few people had to be imprisoned, just because they conveyed criticism to the government which was later considered an insult.
"Sometimes people intend to criticize, deliver criticism, but are considered insulting, where the importance of restorative justice lies," he said.
Meanwhile, Deputy Minister of Law Eddy Hilariej said that the government also agreed that this type of case would not be excluded from taking the RJ in the Criminal Procedure Code Bill. The reason is, he considers that the case of defamation law (insultation) has a property based on the CLacht delictit or complaint offense.
"Because he has an absolute complaint offense, if you really want to be restorative, that's okay," said Eddy.