YOGYAKARTA - Deputy Minister of Law and Human Rights (Wamenkumham) Edward Omar Sharif Hiariej explained the reasons for the article on insulting the president and vice president to remain in the manuscript of the Draft Law on the Criminal Code (RUU KUHP) as a result of corrections. The results of the corrections carried out by the government accommodate all proposals from the public. Then, what is the reason for the article on insulting the president not to be removed from the Criminal Code Bill?
Then, it was decided if articles related to insulting the president and vice president were more specifically explained.
"It was not taken out but made in his explanation," said Eddy, Edward Omar's nickname when met at Nusa Cendana University (Undana), Kupang City, East Nusa Tenggara (NTT), Wednesday, November 2.
Even though it was decided not to be deleted, Eddy wanted the public to consistently provide a proposal for justification in the draft of the Criminal Code Bill. Including a more detailed explanation of the president's insult which is a crucial article.
"I think there are questions and good recommendations, asking for a more detailed explanation regarding articles, including insults to the President and Vice President," he said.
Eddy has also explained the reasons for the drafting team of the Criminal Code Bill to always defend article 218 regarding the presence of the President and Vice President.
The manuscript was decided to be withdrawn on September 19, 2019 from the DPR to be confirmed again by the government. President Joko Widodo (Jokowi) had asked about the reason the article was always maintained.
"The following is what the president asked exactly as asked by his beloved brothers and sisters (students). If I am insulted, it's okay to, why should there be an article on insults," said Eddy as he imitated Jokowi's words at that time.
"We, the expert team agree, this is not Joko Widodo's business, no. This is a matter of respect for the president and vice president," he continued.
Eddy immediately answered the reason why the problem of insulting the President must be made into a separate article, apart from the article on insults normally.
Because, the matter of the article on insulting the president is not a matter of equality before the law (equality in the eyes of law). But referring to the phrase primus interpares rule or first among the equal.
"If friends say that there is no need to use the article on insulting the president, just use the article on general insults. Therefore, logically, there is no need for a treason article, the article on treason will kill the president and vice president, why not just erase it, there is article 338 of the Criminal Code. ordinary murder," he explained.
"So we discuss with permanent reason, when you acknowledge there is an article on the murder of the president and vice president. Therefore, insults that attack the dignity and dignity must exist," he said.
Therefore, Eddy said that the preservation of the articles of concern for the President and Vice President is a limited object issue. So that it will not conflict with the 1945 Constitution on the principle of freedom of thought, expression, and democracy.
"But (the 1945 UUD) does not guarantee the freedom of insult. What is the essence of insulting the criminal rule, only two menista, what is insulting, degrading the dignity of others by equitating that person with animals," he explained.
"Second, what is the essence of insulting slander. I don't think there is a single religious teaching that allows slander. So the essence of insults is only those two, insults and slander," he added.
Therefore, Eddy considers the problem of the article on insulting the President in the text of the Criminal Code Bill, which will not regulate the problem of freedom of thought, expression, and democracy.
"This is clearly shown in the explanation that the attack on the dignity of the president is intended to be blasphemy or slander," he said.
The government will immediately submit the regulation or manuscript of the Draft Law on the Criminal Code (RUU KUHP) to the Indonesian House of Representatives (DPR) on Wednesday, November 9, 2022 next week.
Deputy Minister of Law and Human Rights (Wamenkumham) Edward Omar Sharif Hiariej explained that the manuscript that will be submitted to the DPR has been refined and has gone through a period of socialization to the public.
"So it has been scheduled for November 9, next Wednesday we will introduce a revision of the Draft Criminal Code which we get from the results of public dialogue or proposals from various elements of society," said Eddy, Edward Omar's nickname, when met at the University of Nusa Cendana (Undana), Kupang City, East Nusa Tenggara (NTT), Wednesday (2/11).
After it is submitted, the government wants that the draft of the Criminal Code Bill will be discussed by the DPR during the second trial period for the 2022-2023 session by the DPR.
50 Articles
Although it is related to what value is justified, Eddy only said that there are about 50 articles that have been clarified after the government was previously withdrawn to carry out the improvement. "I still can't go into details but there are approximately 50 items," he said.
Even though the corrections have been carried out, Eddy did not deny that later there would be a rejection from some people to the draft of the Criminal Code Bill which would be submitted to the DPR.
"I think it is impossible for 100 percent of Indonesians to be satisfied with the Criminal Code Bill. But we are trying to accommodate according to the results of public dialogue. So there are about 50 items of change," he said.
Although he did not specify the changes to the articles to be contained in the manuscript, Eddy said that such as the article on dentist practices until the cheating lawyer had been removed.
"Like dentists and doctors who practice without our permission, take out, also for fraudulent lawyers we take out and there are some articles that we remove from the Criminal Code Bill," he explained.
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