Mahfud MD: The Drafting Of The Criminal Code Bill Is Strive To Run Democratically, Everyone Will Be Heard

Coordinating Minister for Political, Legal and Security Affairs Mahfud MD (Photo: Irfan Meidianto/VO)

JAKARTA - Coordinating Minister for Political, Legal and Security Affairs (Menko Polhukam) Mahfud MD said that the government is trying to make the Draft Law (RUU) of the Criminal Code run democratically.

However, he still said that the discussion of this draft law must immediately produce a decision.

"Decisions (regarding the Criminal Code Bill, ed) must be taken immediately. It is impossible to find the resultant of 270 million people in Indonesia," said Mahfud when opening a public discussion of the Criminal Code Bill which was broadcast on YouTube Public Relations of the Directorate General of AHU, Monday, June 14.

Thus, the resultant or decisions related to the revision of the Criminal Code will later be taken through a due process or a constitutional decision-making process. Because, even though the agreement continues to be discussed regarding the things that will be revised, it will take a long time to achieve.

"Trust me, for sure whatever you agree on this afternoon some will disagree, tomorrow some will disagree again. Then when will it be over," said the former Chief Justice of the Constitutional Court (MK).

Furthermore, he said that the long debate regarding the Draft Criminal Code was due to three factors. First, the plurality of Indonesian people so that in addressing an issue they also have a variety of thoughts.

The second factor is motivated by the contradiction between universalism and particularism. One side, said Mahfud, said that the criminal law must be universal but the other party thought that the criminal law must be in accordance with the needs of the community.

Finally, because of the long debate regarding the Criminal Code, the view emerged that the old Criminal Code should only be applied. Moreover, the old law was good because it involved all matters related to the principle of legality to non-retroactivity.

So, there are parties who ask that changes to this law be carried out slowly.

"But if it's slowly over 60 years or 50 years, in my opinion, talking about the law is too much," he said.

"Therefore, let's immediately look for a new resultant. After all, there are already legal instruments. If there is an unconstitutional case, there will be a (lawsuit, red) MK again. There will be another legislative review," he concluded.