The Ministry Of Law And Human Rights Holds An Online Public Test On The Bill On The Implementation Of The Dead Crime, The Last Effort To Protect The Community

JAKARTA - The Regional Office of the Ministry of Law (Kanwil Kemenkum) of East Nusa Tenggara (NTT) participated online in the public test of the Draft Law (RUU) on Procedures for the Implementation of the Dead Crime organized by the Directorate General of Legislation of the Indonesian Ministry of Law.

This hybrid activity was attended by the Head of the Regional Office of the Ministry of Law and Human Rights of NTT Silvester Sili Laba accompanied by the Designer of the Intermediate Regulation of Experts Yunus Bureni.

In its opening report, the Director General of Legislation, Dhana Putra, explained that the birth of Law Number 1 of 2023 concerning the Criminal Code (KUHP) has brought major changes to the national criminal law system.

According to him, one of the basic changes is that the placement of the death penalty is no longer a basic crime, but a special punishment that is an alternative to life imprisonment or a maximum imprisonment of 20 years, and must be applied with great care.

"The death penalty is now only intended for extraordinary crimes and is carried out as a last resort to protect the community," said Dhana in a statement released in Kupang, Saturday, which was confiscated by Antara.

He explained that the procedures for implementing the death penalty so far are still guided by Presidential Determination No. 2 of 1964, which is considered no longer in accordance with legal developments, human rights principles, and the modern criminal system.

"Therefore, Article 102 of the Criminal Code mandates the need for the preparation of a new law that is more comprehensive, humanist, and in line with human values," he said.

Dhana added that the government is currently drafting a bill on the Procedures for the Implementation of the Dead Crime (TCPM).

"This law regulates in detail the rights and obligations of the death row convict, the terms and mechanisms of implementation, to the procedures for handling corpses, with the aim of ensuring legal certainty, preventing arbitrary actions, and upholding human dignity," he explained.

Public trials carried out through the webinar are an important part in the process of forming laws and regulations that are transparent, accountable, and participatory, in accordance with the mandate of Constitutional Court Decision Number 91/PUU-XVIII/2020, which emphasizes the importance of meanful participation or meaningful public participation in every legislative process.

On that occasion, participants from various legal elements, academics, and government agencies were given space to convey constructive input, views, and criticism of the substance of the bill.

Public trial activities are also filled with material presentations from three speakers, namely Professor of Criminal Law at the Faculty of Law, Gadjah Mada University (UGM), Prof. Marcus Priyo Gunarto, Academician at the Faculty of Law UGM, Dr. Supriadi, and Academics at the Faculty of Law UGM, Dr. Muhammad Fatahillah Akbar.

The three resource persons provide a comprehensive view on the urgency of updating the procedures for implementing the death penalty from the perspective of criminal law, human rights, and implementation practices in the field.

Meanwhile, Kakanwil Silvester said that through this activity, the Regional Office of the Ministry of Law and Human Rights hopes that the process of drafting the bill can produce fair regulations, respect human dignity, and be in line with the spirit of national law reform.