Explanation Of Commission III Concerning Article 256 Of The Criminal Code Concerning Demonstrations Can Be REACHed 6 YEARS Or A Fine Of Rp. 10 Million

Illustration of labor demonstrations. (Between-Aprilio A)

JAKARTA - The Draft Criminal Code (RKUHP) was officially passed into law, last Tuesday, December 6. However, there are still many rejections of articles.

Seperti Pasal 256 KUHP baru, yang mengatur tentang melakukan parade, unjuk rasa, dan demonstrasi bisa terancam penjara 6 tahun atau denda Rp10 juta jika tidak memiliki izin.

The criminal threat reads:

"Everyone who without prior notice to those authorized to hold parades, demonstrations, or demonstrations on public roads or public places that result in disruption of public interest, causing trouble, or chaos in society, shall be punished with imprisonment for a maximum of 6 (six) months or a maximum fine of category II (Rp10,000,000)."

This article is a matter of debate because it is considered to silence the aspirations and criticism of the community. On the other hand, demonstrations can be considered disturbing public order. Regarding the debate on this article, member of Commission III of the DPR RI, Taufik Basari, explained that article 256 in the draft RKUHP was not a offense related to demonstrations, but rather a offense of disruption of public order. "Article 256 is not only intended for demonstrations, but in fact this article the offense is the offense of disruption of public order, chaos or rioting," said Taufik, quoted on Thursday, December 8.

According to him, the purpose of the article is so that every demonstration held can first coordinate with the authorities so as not to disturb public order, traffic flow, and the interests of other parties.

"The most important thing is that this article must be read with the entire RKUHP, namely the spirit in the RKUHP is not a punitive spirit, because the plan for this new Criminal Code is based on restorative efforts," he said.

The NasDem politician said that the government and the DPR need to socialize the article and other articles in the RKUHP to law enforcement officials so that they are not misguided in implementing it and are more selective in implementing it.

"So actually what is being questioned by friends is not the substance of the article, but how to implement it," said Taufik.