House of Representatives, Listen to Your Constituents

The draft criminal code bill (RKUHP) is under fire yet again. The RKUHP has been deemed a threat to freedom of the press.

KOMPAS/RONY ARIYANTO NUGROHO

The RKUHP National Alliance held a demonstration at Jalan Karet Pasar Baru Timur 5, Jakarta, rejecting the planned ratification of the Draft Criminal Code (RKUHP), Tuesday (23/8/2022).

Criticisms of the RKUHP were conveyed by former Supreme Court chief justice (2010-2013) and former Press Council chairman (2013-2016) Bagir Manan. Many articles of the RKUHP have also been criticized by the public. In addition to state intervention in private affairs, the RKUHP may also potentially target and obstruct civil liberties and freedom of expression.

According to Bagir, articles that could ensnare the press include defamation, insulting the head of state and public power and contempt of court.

We understand that every administration, especially the minister of justice, has ambitions to pass the RKUHP. Since the New Order, all ministers of justice have sought to replace the Criminal Code, which was a colonial product, with the national Criminal Code. Nationalistic arguments are used to justify that the Criminal Code with a colonial history must be replaced.

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However, the problem that we perceive is that the House of Representatives and the government do not appear to be listening to public objections and so these objections keep resurfacing. Public consultation has been perceived as a one-way outreach program. The public feels that its aspirations have not been taken into account. Likewise with the Press Council. During a meeting with the coordinating political, legal and security affairs minister, the Press Council led by Azyumardi Azra, at the time, expressed objections to 22 articles in nine clusters that have the potential to suppress freedom of the press. It is unclear whether the Press Council’s opinions have been accommodated by the House.

KOMPAS/NORBERTUS ARYA DWIANGGA MARTIAR

Deputy Minister of Law and Human Rights Eddy OS Hiariej gave an explanation regarding the Draft Criminal Code in a socialization event for students entitled "Kumham Goes to Campus", Friday (11/11/2022), at Udayana University, Bali.

It is better for the government and the House to open up the final draft of the RKUHP and to hold a public debate so that the people and related parties can have their opinions heard and listen to counterarguments from the House and government regarding how these articles were drafted. The RKUHP should strengthen civil liberties, freedom of expression and protect human rights.

In a democracy, criticism of the government and public power is natural. Criticism fuels democracy. In such a construction, Article 349 of the RKUHP as of 9 November, 2022 can cause issues. Article 349 (1) states that any person in public who insults public authorities or state institutions, whether verbally or in writing, will be punished with a maximum penalty of one year and six months imprisonment or fined, according to category II. In Paragraph 2, it is stated that if riots break out, the penalty is a maximum of three years imprisonment. In the elucidation section of Article 349, it is written, “What is meant by general powers or state institutions include, among others, the House of Representatives, the DPRD [Regional Legislative Councils], the National Police, the Attorney General’s Office and regional governments.”

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> RKUHP and the Balance of Democracy

> Public Participation and Decolonization

There are surveys that show the House of Representatives and the National Police are institutions with low levels of public trust. Criticisms of the House and police are legitimate because the public is disappointed with their performance. The issue now is how to prevent this criticism of public power from becoming a prison sentence.

This article was translated by Kesya Adhalia.