Newly Ratified RKUHP Controversy Becomes A Law

The rejection of the RKUHP discussion was carried out by various elements, but finally the DPR RI ratified it into the Criminal Code Law. (Twitter @YLBHI)

The DPR officially ratified the Draft Criminal Code (RKUHP) into a law but the controversy over the new Criminal Code (KUHP) did not stop. A number of people, groups or protest institutions. Including the United Nations (UN) in Indonesia took issue. Reporting from bbc.com, the UN claimed to be worried about several articles in the revised Criminal Code contradicting international legal obligations with respect to basic human rights principles. Mentioned some articles have the potential to criminalize journalistic works and violate press freedom. Even the Indonesian Cyber Media Union (SMSI), a cyber media organization that has more than 2000 news portals through a statement issued by the chairman, Firdaus generally plans to sue the new Criminal Code to the Constitutional Court (MK). SMSI assessed that the ratification was at most unreasonable. SMSI also assessed several articles have the potential to criminalize the work of journalism and violate press freedom. Not long ago the famous lawyer Hotman Paris Hutapea highlighted three articles in the Criminal Code (KUHP) which were recently ratified by the DPR on Tuesday, December 6. The three articles, namely article 411 concerning adultery, article 422 concerning kebo gathering and article 424 concerning alcohol. According to Hotman, of the three controversial articles that are considered at most unreasonable is article 424 concerning alcohol. He said, the content in article 424 would actually harm tourism actors, namely restaurants and hotels. In addition, according to Hotman, tourists would still be the target if for example he would buy a drink while traveling in Indonesia. The rules in the article, are considered unclear. According to Hotman as published in VOI, it was stated that if there was a drunk person who was not convicted, but if his friend added a beating, then the person who added this was the one who entered the prison for 1 year. But the most dangerous person was the person who was in the context of his work adding drinks, went to prison. Hotman also questioned the articles related to adultery.

Not to mention the issue of witchcraft. In article 252 paragraph (1) the threat to witchcraft actors reaches 1.5 years. The article reads Every person who declares himself to have supernatural powers, notifies, provides hope, offers, or provides services assistance to others that because his actions can cause illness, death, or mental suffering of a person, shall be punished with a maximum sentence of 1 (one) month 6 (six) month or a fine of at most category IV (Rp 200,000,000). The sentence becomes heavier if the perpetrator makes witchcraft a livelihood. Can add imprisonment of 1/3 from his original sentence. Interesting also proves the person who has supernatural powers. Or evidence that there are victims of witchcraft and perpetrators of witchcraft. So remember red magic that is excited for disentangling the practice of false shamans. Summarized from various sources, in addition to those mentioned above several controversial articles that are widely questioned, among others:1. Article 188 related to the spread of communism's teachings. Article 218 related to insults to president3. Article 252 related to witchcraft4. Article 256 related to demonstrations without permission5. Article 263 related to false news6. Article 246, 2447 regarding incitement against general rulers7. Article 353, 354 related to insults to state institutions 8. Articles 411, 442 and 424 related to adultery, hangup and alcohol 9. Article 595 related to living law or customary law Meski has drawn controversy, in fact this RKUHP has been ratified into law. Chairman of Commission III of the DPR RI Bambang Wuryanto claims that the discussion of the draft of the Criminal Code Law has been quite comprehensive and in-dep. According to him, various attempts to explore the entire aspirations of the community, such as directed discussions, socialization, and material enrichment have been carried out. According to Bambang, the Criminal Law is in principle an attempt to Recommodify Open Law' against all criminal provisions in Indonesia and answers all developments that exist in today's society. So it is interesting if there are people or institutions who really sue the Constitution for material testing. Because the steps to the MK may be a solution to the MK instead of long debate. The new KUHP camp is still in the process of socialization and does not yet apply.