JAKARTA - The government is aggressively conducting socialization of the Draft Criminal Code (RKUHP) to all elements of society. Continuing the direction of President Joko Widodo (Jokowi) of the Ministry of Communication and Information Technology (Kemenkominfo) through the Directorate General of Public Information (Ditjen) IKP held an activity Antihoaks Bill of the Criminal Code in collaboration with Syiah Kuala Aceh University.
The Director of Information on Communications at the Ministry of Communication and Information, Bambang Gunawan, in a speech represented by Filmon Leonard Warouw, stated that the government is committed to carrying out development in various fields, one of which is in the legal field. The development was carried out by reforming the criminal law.
The process (of updating the Criminal Code) is carried out in a transparent and open manner and involves various parties such as NGOs, the general public, academics, and experts, "explained the Head of the Legal Information and Communication and Human Rights Team, the Directorate of Information and Communication of the Ministry of Communication and Information. Information about the RKUHP is important to be forwarded to the public in order to straighten out various things regarding criminal law. Moreover, emphasizing the urgency of ratifying the Criminal Code Bill as a legal product result of the thoughts of the nation's children.
"Unfortunately there are still a lot of disinformation related to the Criminal Code that needs to be straightened out. Therefore, we hold seminars at this time both offline and online which are followed by all of Indonesia," he said in a written statement received by the editor.
An explanation of the disinformation of the crucial articles of the Criminal Code, opened by the Expert Staff of the Minister of Communication and Information 2007-2022, Henri Subiakto. According to him, hoaxes occur because of the large amount of disinformation or lack of information from controversial topics such as pandemics, vaccines, IKN, the Job Creation Law, ITE, and now the Criminal Code. Therefore, it is necessary to disseminate information or disseminate information that is appropriate so that hoaxes do not occur. One of them is about insults and defamation in the RKUHP.
"It is said that the insult and defamation in ITE was removed by the Criminal Code Bill, is it true? I said that the ITE article does not apply because in the legal world, if there is a law that regulates the same thing, then the new law rules out the old law. But that does not mean that norm is lost, but moved to Article 437 in the Criminal Code regarding defamation," he said. The urgency of updating the Criminal Code, one of which is motivated by the need to abandon colonial legal products that are less relevant to the current situation. Thus, the Criminal Code Bill was made based on the results of the nation's children's thinking and more in accordance with the state of Indonesia.
Expert Commission III of the DPR RI, Afdhal Mahatta, in the next session also emphasized the superiority and urgency of the ratification of the Criminal Code Bill. The advantage of the Criminal Code Bill is to adopt a living law, a law that lives in society, the government gives legitimacy that the Indonesian state recognizes the laws that live in society both from Aceh to Papua, which then is limited that customary law is not included in the law regulated in the Criminal Code and must not conflict with Pancasila, the Constitution, human rights and the principles of general law," he explained.
According to him, the Criminal Code Bill is not a perfect product, but much better than the current Criminal Code. The government and Commission III of the DPR RI at the last session have approved the Criminal Code Bill and can be ratified at the plenary session in December 2022. Then, it will be ratified 3 years after the Criminal Code is passed.
Efforts to straighten out disinformation about the Criminal Code Bill also include the matter of living law or living law that is living in society. Lecturer of the Criminal Law Section of the Faculty of Law, Syiah Kuala University, Aceh, Rizanizarli, discussed the matter of living law in the Criminal Code Bill, especially relations with customary law that are still thick in Aceh.
According to him, Article 2 of the RKUHP maintains the law that lives with the thought that in some regions in Indonesia there are still unwritten laws that exist and apply so that the laws in existing areas and fulfill a sense of justice that lives in society.
"But I agree, Article 2 of the Criminal Code Bill is still maintained because it brings good enough goodness to indigenous peoples, but we must also see if there are any conflicts," he said.
Sosialisasi “Antihoaks RUU KUHP” yang berlangsung secara hybrid ini diikuti sekitar 300 peserta daring dan luring. Harapannya, sosialisasi ini dapat mencegah disinformasi mengenai isu RUU KUHP Indonesia yang tengah menunggu disahkan. Serta mengajak masyarakat untuk dapat lebih teliti dalam mengikuti perkembangan terbaru dari RUU KUHP agar terhindar dari berita-berita hoaks yang beredar. Masyarakat juga dapat terlibat aktif mengakses RUU KUHP lewat tautan https://s.id/drafruukuhp.
Let's support the discussion of the RKUHP so that it becomes the original Criminal Code for legal products made in Indonesia.
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