Commission III Of The DPR Will Synergize Qanun Law With The Criminal Procedure Code Bill

JAKARTA - Chairman of Commission III of the DPR, Habiburokhman, said that his party would synergize qanun's law with the Draft Criminal Procedure Code (RUU KUHAP), especially in the concept of restorative justice.

This was conveyed by Habiburokhman after receiving input from the Student Movement which is part of the Archipelago Student Alliance (AMAN) in a hearing with Commission III of the DPR at the DPR building, Senayan, Central Jakarta, Wednesday, October 15.

Habiburokhman assessed that the input submitted by AMAN regarding the Criminal Procedure Code Bill was new, especially regarding the qanun applied in Aceh.

"It turns out that this is something very new related to qanun, in principle there is also a principle against the same problem that cannot be tried twice, whether the other is based on the qanun with the specialities of Aceh, the other is with national law," said Habiburokhman.

Habiburokhman said there are the same principles between qanun law and restorative justice. Where the approach to resolving criminal cases prioritizes the selection of social relations between perpetrators, victims and the community.

"But there are the same principles that we want to implement with RKUHAP, namely the principle of restorative justice which has actually been practiced by the Indonesian people before," said Habiburokhman.

"If we remember from time to time we are used to solving problems in a friendly manner, especially problems that do not have fatal consequences, do not result in death," he added.

As for the RDPU, the coach and one of the initiators of AMAN, Muhammad Fadli, highlighted how the implementation of qanun law in Aceh. Fadli explained that Aceh Qanun number 9 of 2008 regulates 18 minor crimes that can be resolved through customary justice institutions at the village level.

"We want this to be accommodated in the new Criminal Procedure Code Bill," said Fadli.

He gave an example of legal uncertainty, namely when one case of a minor crime was tried twice through qanun and national law.

"What I want to say here is please in the Criminal Procedure Code Bill to accommodate, especially Aceh is accommodated. How is the specific solution in the Criminal Procedure Code Bill, whether it is explicitly regulated that, oh when it is finished at the customary judiciary, it is no longer allowed to proceed to law enforcement officials so that there is legal certainty," he said.

For information, Qanun is a term of Islamic law that means law or regulation. In the context of Indonesia, it refers to laws and regulations that are equivalent to Regional Regulations (Perda) in Aceh Province.

Fadli also gave input regarding the implementation of jinayah qanun in Aceh. Qanun Jinayah is a special regional regulation in Aceh regarding the applicable criminal law based on Islamic law. According to him, so far it is not uncommon for the police to use two legal approaches, namely qanun jinayah as well as using the Criminal Code.

"We want Commission III to accommodate Aceh as a speciality, what steps must be taken by law enforcement officers when there is a case that is regulated in the articles of the Criminal Code and this jinayah qanun, which legal glasses must be taken," he explained.

"Do not later case A with the same article used by qanun jinayah then in the same case it is used in the article of the Criminal Code," he continued.