In Accordance With Jokowi's Directives, The Socialization Of The Criminal Code Bill Targets Various Regions, Including 3T

The webinar was held to socialize the Criminal Code Bill before it was promulgated. (Ist)

JAKARTA - The government is aggressively conducting socialization of the Draft Criminal Code (RKUHP) to all elements of society. Continuing the direction of President Joko Widodo (Jokowi) of the Ministry of Communication and Information Technology (Kemenkominfo) through the Directorate General of Public Information (Ditjen) IKP held an activity Socialization of the Criminal Code Bill together with the Coordinating Ministry for Political, Legal and Security Affairs (Kemenkopolhukam) and the Ministry of Law and Human Rights (Kemenkumham).

The Director of Information on Communications at the Ministry of Communication and Information, Bambang Gunawan, in his speech explained that the socialization of the Criminal Code Bill, which was attended by hundreds of online participants, was part of a series of Public Dialogue programs for the Criminal Code Bill. The socialization of the Criminal Code Bill has occurred in the form of public dialogue and took place in 11 cities throughout Indonesia.

"This event is expected to be a means of socializing the discussion related to the adjustment of the RKUHP to the public element at large. In the near future the RKUHP will be ratified which is the original product of the Indonesian people," said Bambang.

The Socialization Activity of the Criminal Code Bill, which this time was conducted online, also presented participants from the Public Information Extension (PIP) in the Central part of Indonesia. Bambang said that PIP is a strategic partner of the Ministry of Communication and Information in helping to disseminate government programs and policies, especially in the 3T (Outermost, Frontier, and Disadvantaged) areas.

"As well as other regions that still need face-to-face information dissemination. Especially for regions that have not received internet signal and access. With this activity, I hope that PIP colleagues can disseminate good information related to RKUHP with easier language to accept by the public," said Bambang.

PIP has an important role in the dissemination of information related to RKUHP to the community. Bambang said that several articles contained in the RKUHP are very directly related to the interests of the community, especially people living in the regions. For example, related to the rules regarding livestock and agriculture issues in the RKUHP.

"The realization of a state law based on Pancasila requires a harmonious, synergistic, comprehensive, and dynamic national legal system through legal development efforts. One of them is by revising the Criminal Code," Bambang explained.

In the webinar, the Ministry of Communication and Information also presented three expert resource persons who helped the public receive information related to the RKUHP, namely Deputy for Coordination of Information Communication and Apparatus at the Coordinating Ministry for Political, Legal and Security Affairs Arif Mustofa, University of Indonesia Academician (UI) Surastini Fitriasih, and Lecturer of the Faculty of Law at Trisakti University who is also Chairman of MAHUPIKI Yenti Garnasih.

On this occasion, Arif Mustofa explained that the application of criminal law that was not in accordance with people's lives demanded that the refurbishment of the Criminal Code, which was previously a national legal heritage from the Dutch colonial era. This is because social life in Indonesia has now changed considerably compared to the Dutch occupation era. The government adjusted the changes through the Criminal Code Bill.

"A new Criminal Code is needed to replace the Dutch-made Criminal Code. There are things that change drastically. The government adjusts these changes through the RKUHP. The government wants to develop a national criminal law recode system to replace the old Dutch-made criminal law," he said.

The RKUHP discussion itself has been carried out for a very long time. Starting in 1958 until now. The RKUHP was prepared through Indonesian values as an effort to decolonize the Indonesian criminal system. The RKUHP also prioritizes democratization during its discussion period of substance which has gone through 7 presidential leadership periods.

"There are 15 Ministries and 17 Professors and criminal law experts involved. The government has started designing the RKUHP since 1970 to replace the current KUHP. The KUHP discussion process is very long," said Arif.

Arif continued that currently, Indonesia already has and produces RKUHP which is relatively ready to be promulgated. The government through the Deputy Minister of Law and Human Rights (Wamenkumham) has submitted the latest draft RKUHP to Commission III of the DPR. The government also continues to conduct public dialogue to provide understanding to the wider community.

"As well as opening space for dialogue to collect input on existing RKUHP," he said.

A lecturer at the Faculty of Law, Trisakti University, Yenti Ganarsih, explained that the RKUHP prepared by the government has 17 advantages as a criminal law and a modern criminal system. In compiling the RKUHP, the government considers the principle of balance to the revision of open and limited criminal law.

"Several articles of RKUHP also prioritize the main crime that are lighter to the expansion of basic types of crime such as supervision and social work. Criminal fines are also regulated in 8 categories," said Yenti.

In his presentation, Yenti explained that the RKUHP provided a legal umbrella for judges to issue a forgiveness decision. The judge can decide whether not to impose a crime or not to impose a criminal act. The judge will consider the lightness of the act, the personal condition of the perpetrator, the circumstances when a crime is committed and what happens later, to the point of justice and humanity.

"This is forgiveness by the judge, it has entered the trial. Such as restorative justice which has entered the investigation stage first. It must be stated that the judge has forgiven the judge in his consideration," said yenti.

University of Indonesia (UI) academic Surastini Fitriasih explained that the government had updated several articles from the initial draft of the RKUHP. The Criminal Code's compilation team continues to hold meetings to discuss input from the public about the RKUHP, especially regarding 14 articles of crucial issues in the RKUHP.

"The draft RKUHP version of September 18 has 14 crucial issues that are of concern to the public and heard by the government," he said.

Surastini explained that one of the crucial issues of the Criminal Code Bill that attracted public attention was the article related to insulting the president as regulated in Article 218 of the Criminal Code. Surastini ensured that Article 218 of the Criminal Code was not intended to revive Article 134 of the Criminal Code regarding the President's advice that had been disallowed by the Constitutional Court.

"But instead, it refers to the consideration and decision of the Constitutional Court No. 013-022/PUU-IV/2006 regarding Article 207 of the Criminal Code which states that in terms of insults directed at the President or Vice President as the right official, it can be prosecuted under Articles of CHARACTERization of General Authority but as a Delic Complaint," he said.

Surastini ensured that Article 218 of the RKUHP would not limit democratic freedom and argue. Because the article has given clear limits related to criticism and insults that can be included in the criminal realm. It is explained that criticism is intended for the public interest so that it cannot be punished.

"This provision is in line with the arrangement of insults to the head of friendly countries, and is also a gift from insults to ordinary citizens and insults to officials," he said.