76 Years Of Living With An Uncertain KUHP, Wamenkumham: Urgent RKUHP To Be Ratified Soon

Wamenkumham Edward Omar Syahrif (Photo: Kemenkuham.go.id)

JAKARTA - Deputy Minister of Law and Human Rights (Wamenkumham) Edward Omar Syahrif said, the Draft Criminal Code (RKUHP) is important and urgent to be ratified for certainty.

Moreover, this law applies in court to punish the guilty party.

"We have lived for almost 76 years using an uncertain Criminal Code. Even though you know exactly that the Criminal Code that applies in court courtrooms has been used to punish millions of people, sentenced to an uncertain Criminal Code," Edward said in a related discussion. RKUHP which was broadcast on YouTube Public Relations of the Directorate General of AHU, Monday, June 14.

This uncertainty, he continued, was due to Law Number 1 of 1946 regarding the Criminal Law Regulations only stating that based on Article 2 the transitional rules for all existing bodies and all regulations were still in effect before a new one was enacted according to the Constitution.

Not only that, this uncertainty also arises because Indonesia uses the Dutch-inherited Criminal Code which was translated by Moeljatno and Susilo, in which there are significant differences.

Edward gave an example, this difference occurs in Article 110 of the Criminal Code related to evil conspiracy. In Moeljatno's translation, the punishment for that act is the death penalty.

"Then try to open Article 110 of the Criminal Code which Soesilo translates. Soesilo said that the crime of conspiracy as stated in Articles 104 to 108 of the Criminal Code is punishable by a maximum sentence of 6 years," he said.

Not only that, the differences in translation are also found in the various elements and elements of the articles used. "So things like this, it creates legal uncertainty," he said.

Furthermore, Edward said that the government and the Indonesian House of Representatives are currently re-codifying the existing articles. Including re-inserting previously issued articles into the RKUHP.

"Those articles that were previously in the Criminal Code (which were in effect, ed), were removed from the Criminal Code, then re-compiled, reassembled, put back in a big house called the Criminal Code (RUU).

Previously, Coordinating Minister for Political, Legal and Security Affairs (Menko Polhukam) Mahfud MD said that the government was trying to make the drafting of the RKUHP run democratically while still having to make a decision immediately.

"Decisions (regarding the Draft Criminal Code, ed) must be taken immediately. Wanting to find the resultant of 270 million people in Indonesia is entirely impossible," said Mahfud in the same discussion.

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).