AGO: RKUHP Can Reduce Tolerance In Prisons

The Attorney General's Office (Photo: ANTARA DOC)

JAKARTA - The Draft Law (RUU) of the Criminal Code (KUHP) has been completed. The Attorney General's Office (AGO) considers this regulation to reduce the density of detainees in community development institutions (Lapas) when it is officially implemented. "This RKUHP is also expected to reduce the problem of overcrowding because it is in the RKUHP," said Deputy Attorney General for General Crimes (Jampidum), Fadil Zumhana in his statement, Tuesday, September 27. The reduction in the density of the inmates is because the Criminal Code Bill regulates the judge's authority to impose a judicial party decision. This is contained in Article 52 paragraph (2) concerning alternative punishments other than imprisonment, namely criminal supervision, social work and fines that are prioritized compared to imprisonment. According to him, the Criminal Code which adopted Wetboek van Strafrecht from the Netherlands since the fact that it was stipulated as Law Number 1 of 1946 is considered to often cause problems in its implementation. Especially, regarding the use of terms by law enforcement officers. <quo;So that often it is found that there is a lack of uniformity in terms used by law enforcement, especially when discussing elements of criminal acts in the context of proof, ” he said. In addition, the current Criminal Code is considered only to focus on the application of rigid legality principles that have punitive impunity or punishing perpetrators without providing other alternatives for criminals. So that it is no longer in accordance with the current development of law enforcement goals which prioritizes corrective-Rehabilitative-Restorative justice. "So it is contrary to the values of justice for the Indonesian people, which are more focused on peace and harmony in society to maintain a balance," said Fadil. However, it is undeniable that in the development of law enforcement in Indonesia, several criminal law laws have been enacted that prioritize recovery back to their original state. However, the provisions of the law only regulate certain specific crimes that have not yet touched the true substance of law enforcement. “ Several new things that have been regulated in the RKUHP include this RKUHP which has implemented a balance between law and justice that has been adjusted to the current goal of punishment that prioritizes imposing a fine compared to deprivation of independence, and has implemented a double track system in the form of criminal and acts. The main sentence has also been expanded with the addition of types of criminal surveillance and social work, so that judges and prosecutors can be more flexible in applying criminal sanctions in accordance with the growing sense of justice in society,” said Fadil.