DPR Baleg: The New Criminal Code and Criminal Procedure Code Leave a Colonial Legal Legacy

Member of the DPR Legislative Body (Baleg) Firman Soebagyo, assessed that the new Criminal Code and Criminal Procedure Code on January 2 was a form of total reform of the Indonesian criminal justice system. According to him, with the enactment of the product of the work of the Prabowo Subianto Government and the DPR, he officially left the colonial legal legacy.

"This is a big step in leaving behind the legacy of colonial law and moving towards a legal system that is more in line with the values and needs of the Indonesian people," Firman told reporters, Saturday, January 3.

However, Firman said, there were different opinions about the implementation of the new Criminal Code and Criminal Procedure Code. One of them is the Coalition for Civil Society for Reform, which assesses that the new Criminal Code and Criminal Procedure Code still maintain articles that are anti-democratic and undermine the principle of the rule of law.

"They are also concerned that the new Criminal Code and Criminal Procedure Code can expand the power of law enforcement officers without adequate judicial supervision," he said.

On the other hand, said Firman, the Government and the DPR see the new Criminal Code and Criminal Procedure Code as a progressive step to strengthen the national legal system and improve human rights protection.

"Therefore, I hope that the new Criminal Code and Criminal Procedure Code can have a real impact on people's daily lives through more humane and fair law enforcement," said the Golkar legislator from the Central Java District.

Furthermore, Firman considers that there is still a difference of opinion in this matter is something usual. According to him, differences of opinion are a natural thing in a democratic state, and freedom of opinion is a right protected by law.

For this reason, Firman emphasized that his party has an important role in making the best decisions for the country and the community. According to him, the changes to the Criminal Code and the Criminal Procedure Code are a big step to improve the national legal system and provide better protection to the community.

"The government has an obligation to regulate the course of government in an orderly manner, and this change to the law is part of that effort," said Firman.

As is known, Indonesia has officially entered a new phase in the criminal law system. The new Criminal Code (KUHP) and the Code of Criminal Procedure (KUHAP) which came into force today, Thursday, January 2.

Both regulations are valid after being passed by the DPR together with the government. The KUHAP was passed in the 8th DPR plenary session on Tuesday, November 18 and was designed to be valid simultaneously with the Criminal Code, which was first passed in 2023.

Chairman of Commission III of the House of Representatives of the Republic of Indonesia, Habiburokhman, stated that the discussion process for this law was carried out carefully and not in a hurry. According to him, the DPR has opened public participation in the preparation of the regulation.

"In discussing this KUHAP, we are trying to fulfill the principle of meaningful participation as much as possible," said Habiburokhman.