JAKARTA - The criminal law expert at Tarumanegara University, Hery Firmansyah, said that if the issue of the authority of the law enforcement apparatus' coercive efforts, ranging from seizure, arrest, detention to interception, which is regulated in the Criminal Code (KUHP), requires extra strict supervision.
Moreover, regarding wiretapping, which until now has not had its own legal umbrella, even though the regulatory mandate has been emphasized in the new Criminal Procedure Code (KUHAP) which applies simultaneously with the Criminal Code.
"This wiretapping issue must be given serious attention because it concerns human rights, while the rules, in particular, are not yet available," he said, Sunday, January 4.
In addition, the public must pay attention to the issue of recognition of customary law in the criminal system.
According to Hery, the application of customary law should not be just a slap in the face and must truly reflect the law that lives in the local community, without opening the door to discrimination.
Equally important, he said, law enforcement officers are required to really understand the concept of judicial pardon which is now regulated in the new Criminal Code.
This authority, must be carried out with mastery of material and orientation of justice, not just legal formalities.
"On the supervision side, the control mechanism for law enforcement officers still needs to be tightened. Judicial scrutiny must be clear and effective so that all authorities in the Criminal Code and the Criminal Procedure Code can only run accountable. The supervision mechanism or judicial scrutiny of the work of the APH must be tightened and made clear," said Hery.
Apart from the above issues, he appreciated the enactment of the new Criminal Code and Criminal Procedure Code which carried a new paradigm in sentencing and systems, from a single track system to a double track system and efforts to explore in terms of sustainable justice.
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