Member Of Commission III DPR: RKUHP Needs To Be Ratified Immediately, But Must Open Room For Public Input

Illustration of DPR meeting. (Between)

JAKARTA - Johan Budi emphasized the importance of the revised Criminal Code (RKUHP) to be ratified immediately. However, this member of Commission III of the DPR still wants to open up space for the public to provide input in the discussion of the policy which will become the basis of criminal law in Indonesia.

"The RKUHP needs to be ratified immediately, but in my personal opinion, space is also needed to receive input from the public," said Johan Budi, Tuesday, July 12.

Johan Budi said that the discussion of the RKUHP had long been carried out through mechanisms that were in accordance with the provisions of the law. He also reminded that Indonesia does not yet have a pure criminal law guide made by its own nation because the current Criminal Code used is a Dutch heritage.

"The discussion of the RKUHP has been discussed for decades, even from the time before President Jokowi. So it's a long process. After decades, after several presidents, we don't have a criminal law 'handbook' yet,” he explained.

"We don't have anything that really belongs to us. So it is very important to be confirmed immediately. The RKUHP is urgent because the journey has been long. It's been discussed for years, it's not finished yet,” continued Johan Budi.

The RKUHP itself is a carry over from the 2014-2019 DPR RI decisions, the discussion of which remains to be continued in Level II discussions, namely approval at the DPR Plenary Meeting.

Based on the carry over decision, the Government was asked to re-socialize the substance of the RKUHP so that the public fully understands the changes to the RKUHP. The socialization was carried out through public discussions in various regions where as a result, the Government reformulated and provided explanations for controversial articles in the RKUHP.

After the socialization stage, the Government has submitted the latest draft of the RKUHP to the DPR which contains an explanation of 14 crucial points as part of the improvement of the RKUHP. Johan Budi said Commission III of the DPR together with the Ministry of Law and Human Rights will discuss the latest draft of the RKUHP during the next DPR session, which is in August 2022.

"The DPR and the Government must not close the room for receiving the latest input from community groups, including legal experts," said the legislator from the East Java VII electoral district.

However, according to Johan Budi, the discussion space with community elements must be limited so that it does not widen. Because the discussion of the RKUHP is already at the level I discussion agreement in the DPR, which has already taken a long time.

"The input is just 14 points. If we continue to debate, it will not end, so the input is focused on the 14 crucial issues," said Johan Budi.

The 14 crucial issues referred to are articles of law that live in society (Living Law); death penalty; attack on the dignity of the President and Vice President; claiming to be able to commit a crime because he has supernatural powers; a doctor or dentist who performs his work without permission; contempt of court; fowl destroying a garden sown with seeds.

Then there is also the article on fraudulent advocates; blasphemy of religion; animal abuse; contraceptives for pregnancy and abortion; abduction; abortion; adultery, cohabitation, and rape.

Johan Budi said that there were inputs from the Government on 14 crucial issues in the latest RKUHP draft. One of them is the abolition of a number of articles based on considerations from the results of public discussions.

"The government proposes that 2 articles be deleted from the 14 crucial issues. Regarding the criminalization of illegal Doctors or Dentists and about the article on fraudulent Advocates. We will discuss it later," he explained.

Johan Budi also hopes that the Government through the Ministry of Law and Human Rights will continue to disseminate information regarding the substance of the 14 crucial issues of the RKUHP. Moreover, a number of articles are still in the public spotlight.

"Education to the public through socialization, especially on the 14 crucial issues of the RKUHP, must be intensified so that the public can understand the substance more thoroughly," concluded Johan Budi.