MPR Chair Affirms The Importance Of Jurisprudence In The Indonesian Legal System

MPR Chairman Bambang Soesatyp (ANTARA)

JAKARTA - Chairman of the Indonesian People's Consultative Assembly Bambang Soesatyo (Bamsoet) emphasized the importance of jurisprudence in systems and law enforcement in Indonesia.

"The civil law tradition also recognizes that in addition to the law contained in the form of law, there is also a law sourced from the judge's law which is better known as jurisprudence," he said in a written statement in Jakarta, Saturday.

He explained that the judge's decision on a case could be used as a basis for other judges in deciding a case that was the same, so that there were no significant differences in decisions, let alone opposing.

Bamsoet also mentioned the Criminal Code (KUHP) when teaching Legal Politics and Public Policy courses at the Postgraduate Law Doctor Program at Borobudur University, Jakarta.

He said, after about 104 years of using the Dutch-based Criminal Code since 1918, Indonesia finally had its own Criminal Code prepared by the nation's children.

"When I led the DPR RI in the 2018-2019 period, the discussion of the Criminal Code Bill was almost over. However, because the DPR RI period was almost over, finally the discussion was taken over and continued by the DPR RI for the 2019-2024 period," said Bamsoet.

He added that in every discussion of the Criminal Code Bill, the government and the Indonesian House of Representatives always prioritize the principles of transparency, recitation, and participation.

"So that it has accommodated various inputs and public ideas," he said.

He said that with the passing of the Criminal Code Law, the Indonesian nation had successfully carried out the KUHP decolonization mission. The ratification also shows the sovereignty of the nation in the legal field.

"Moreover, the Criminal Code's Dutch heritage is also irrelevant to the conditions and needs of criminal law in Indonesia," he said.

According to Bamsoet, the Criminal Code Law is very reformative, progressive, and also responsive to the situation in Indonesia. The law will undergo a three-year transition period, and be effective by 2025.

"As is the existence of other laws, over time, the Criminal Code Law may experience various improvements and be adjusted to the needs of the nation," he said.

"Not only is it a historical moment because Indonesia has its own Criminal Code, the existence of the Criminal Code must also be the starting point for reforming criminal operations in Indonesia through the expansion of the types of crimes that can be imposed on perpetrators of criminal acts," said Bamsoet.

At least, he said, there are three penalties that are regulated, namely basic crimes, additional crimes and special crimes.