JAKARTA - It's been a century since the Dutch colonial Criminal Code is still valid today. Because of that, changes to this ancient legal product are a necessity. The Criminal Code Bill (RUU KUHP) is in the process of socialization, now it's the turn of the city of Surabaya to become the target.
Director of Political Information and Communication Law and Security Directorate General of Information and Public Communication, Ministry of Communication and Informatics, Bambang Gunawan, said that as a legal state based on Pancasila, a national legal system that is harmonious, synergistic, and comprehensive, and dynamic in legal development is needed, namely the revision of the Code. -Criminal Law (RUU KUHP).
"The government's efforts to revise and compile a national criminal law recodification system that aims to replace the old Criminal Code as a legal product of the Dutch East Indies colonial era need to be carried out immediately, so that it is in accordance with the dynamics of society," he added.
This was conveyed by Bambang, in his speech at the Socialization of the Criminal Code Bill, in Surabaya, Tuesday, November 15.
Public Dialogue
Previously, the Ministry of Communication and Informatics had held an RKUHP Public Dialogue Kick-Off in collaboration with the Coordinating Ministry for Political, Legal, and Human Rights and the Ministry of Law and Human Rights, according to President Joko Widodo's directions at a Limited Meeting regarding the RKUHP. The Public Dialogue aims to provide understanding to the public and open up space for dialogue to gather input on the Draft Criminal Code Bill.
"Apart from that, several ministries and agencies jointly carried out outreach in the form of public dialogues in 11 cities in Indonesia to disseminate the draft RUU KUHP and gather input from all elements of society," he explained.
Bambang explained, the socialization will be continued again to convey narratives related to the Criminal Code Bill, which are easily digested by the public. He hopes that the Socialization of the Criminal Code Bill can be a means of socializing discussions regarding adjustments to the Criminal Code Bill to the public elements at large.
"Hopefully this event will bring great and positive benefits to us, the community, and the country. Let's support the Criminal Code made by the Indonesian Nation," he concluded.
The socialization session began with a presentation from a Lecturer at the Faculty of Law, University of Jember, I Gede Widhiana Suarda, explaining that the drafting of the Criminal Code Bill had gone through a long journey. In the past year, the Criminal Code Bill has become one of the priority pieces of legislation that can be passed in 2022.
"The reason for the need for a new Criminal Code is that if the nation is already independent, then politically it must also be independent in law," he explained.
According to Gede, Indonesia as an independent nation also needs legal products that were born from the womb of the Indonesian nation itself. Therefore, society also needs to support this legal product as a form of sovereignty of an independent nation.
Gede explained, in 2019 the drafting of the Criminal Code Bill was delayed due to public views regarding the pros and cons of the RUU KUHP, but this is the crucial point to be able to bring together and harmonize different views, then translate it into a single norm that is chosen and used in the Criminal Code Bill.
"From the perspective of the pros and cons, the midpoint is taken as a way to provide space for the pros and cons so that they can regulate the norms intended by society," he added.
Nationalism
In addition, Gede explained that the Criminal Code Bill is a symbol of the civilization of an independent and sovereign nation and upholds the principles of nationalism and appreciates community participation. So it is hoped that even though there is debate over one or two articles that have been drafted, it will not stop all articles of the Draft Criminal Code created by the children of the Indonesian people.
In the next session, Academics of the Faculty of Law, Trisakti University, and RKUHP Spokesperson, Albert Aries, explained that after the public dialogue that had been carried out in 11 cities by the RKUHP outreach team, 69 inputs from the public and 4 proofreaders had been adopted for the body and explanation. This is a follow-up to President Jokowi's directive regarding meaningful participation in the drafting and formulation of the RKUHP.
"On the November 9 draft, there were 6 articles that had been withdrawn from the RKUHP which is proof that the drafting team for the RKUHP listened to the aspirations of the community," he said.
Multicultural
In addition, Aries revealed that compiling the Criminal Code in a multi-ethnic, multi-cultural and multi-religious country is not easy. Because as a diverse country, Indonesia has a rich culture so each region has a special character regarding the laws that live in society.
"It should be seen that the purpose of the Criminal Code Bill is related to the renewal of criminal law and also the modern penal system which should have been changed from the old Criminal Code," he added.
This aims to change the current condition of overcrowding in prisons and also provide an understanding of a new paradigm from a retributive paradigm to justice that is restorative, rehabilitative, and corrective.
Aries also added that one of the issues related to insulting the president does not necessarily limit freedom of opinion, because our constitution respects freedom of expression but does not allow acts of insult.
"This article was drafted in the RUKHP taking into account the principles of democracy, so the penalty is under 3 years in prison and is also a complaint offense compared to Article 1 (34) which is an ordinary offense and the penalty is 6 years in prison," he concluded.
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Positive law
In the last session, the Head of the University of 17 August 1945 Law Doctoral Study Program, Yovita Arie Mangesti, revealed that in the process of compiling Indonesian-made laws, it is necessary to appreciate them as efforts to make new breakthroughs by state policy stakeholders, so that positive legal norms can be understood as a public guide to behavior.
"As Indonesian citizens, especially law students who study criminal law, we also have a role to continue to oversee the passage of this criminal law in the future," she added.
Yovita explained that the draft Criminal Code Bill continues to experience various changes, and this needs to be seen as an adaptive and responsive form to the needs of society. So that the draft produced on November 9 could become the final draft of the Criminal Code Bill to be ratified soon.
"The Criminal Code Bill has also been drafted based on the principle of balance extracted from the wisdom values of the Indonesian nation which is one of the advantages of the Criminal Code Bill," she said.
"Based on the crucial issues in the Criminal Code Bill (RUU KUHP), it can be seen that the Criminal Code Bill is enough to take a picture of the factual situation that exists in society," she added.
According to her, the advantages of the Criminal Code Bill are 18 advantages which in its preparation began with the principle of balance which was built from the idea of accommodating the interests that exist in society.
"The hope is also that the Criminal Code Bill can become a humane law," she added.
She stated that this can be seen from one of the goals of punishment is rehabilitation by socializing convicts. By holding coaching and mentoring and resolving conflicts with restorative justice in a more humane manner.
"In addition, one of the advantages that I appreciate is the existence of regulations related to disability, so that disability issues are also legal objects and should be protected by law," she closed.
The socialization invites the public to support the Draft RUU KUHP made by Indonesia. This event was held offline at the 17 August 1945 University in Surabaya, and can be watched via the Zoom application and the YouTube channel of the Directorate General of IKP Kominfo.
The English, Chinese, Japanese, Arabic, and French versions are automatically generated by the AI. So there may still be inaccuracies in translating, please always see Indonesian as our main language. (system supported by DigitalSiber.id)
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