The House of Representatives of deliberation agreed to carry on with the next session for the ratification of the Criminal Code bill (RKUHP), although the two factions gave their approval with caution.
By
REBIYYAH SALASAH, SUSANA RITA KUMALASANTI
·4 minutes read
REBIYYAH SALASAH
A number of DPR Commission III factions pose for a photo with Deputy Minister of Law and Human Rights Eddy OS Hiariej after the level I discussion, at the Parliament Complex, Jakarta, Thursday (24/11/2022).
JAKARTA, KOMPAS — The Criminal Code bill’s ratification into law is only one step away following its approval by the government’s representatives and Commission III of the House. Its expected passing into law is seen as a step forward to providing the foundation for building the criminal law system as well as a manifestation of the aspiration to decolonize the Dutch-influenced Criminal Code, regardless of the fact that many still voice their objections to the provisions on norms.
The approval to ratify the Criminal Code bill was concluded at a working meeting between the government and Commission III members at the House compound in Senayan, Jakarta, on Thursday (24/11/2022). Except for the Democratic Party and the PKS, the other seven House factions gave their approval without reservation.
Hinca Panjaitan, a Commission III member from the Democrat faction, said the enforcement of the would-be Criminal Code law should carry the spirit of restorative justice to avoid overcapacity at correctional institutions. The government was also urged to ensure that the Criminal Code does not criminalize elements of society.
Meanwhile, the PKS faction pointed to several provisions in the bill it said were contrary to the values of democracy, especially those concerning defamation of the president and state institutions. "These provisions smack of the feudalism and colonialism that [we] actually want to be banished from the old Criminal Code law," Achmad Dimyati Natakusumah, a member of Commission III from the PKS faction, said.
On the other hand, Golkar faction member Supriansa expressed his appreciation to the government for having accommodated not only public input but the factions, including Golkar, in the bill drafting. He said the bill’s ratification was crucial to just law enforcement under an established national legal system.
ADRYAN YOGA PARAMADWYA
Commission III working meeting of the Indonesian Parliament with Deputy Minister of Law and Human Rights of the Republic of Indonesia Edward Omar Sharif Hiariej to discuss the Draft Criminal Code (RKUHP) at the Parliament Complex, Jakarta, Thursday (24/11/2022).
Optimal results
Nasdem faction member Taufik Basari said he saw many positive changes in the bill compared with the one approved during the 2014-2019 period. "This is the most optimal result that we can achieve from the long journey of deliberations, debates, exchanges of ideas and thoughts we have gone through together," he said.
Deputy Law and Human Rights Minister Eddy Omar Sharif Hiariej said he looked forward to the Criminal Code bill’s ratification at the next House deliberation session (level II) before being given the nod by the President. "The bill’s approval for ratification is one step closer to building the criminal law system as a manifestation of the aspiration to decolonize the Criminal Code inherited from the colonialists, democratize criminal law, consolidate criminal law, and to adapt and harmonize it to current legal developments," he said.
Thursday’s approval came after the government had presented the reformulated draft of a number of provisions based on the lawmakers’ input. The improved provisions include those concerning insults to the government and legal case fabrication. Being presented with the reformulated draft, Commission III provided further input, most of which was accommodated by the government.
Apart from its approval for ratification, several circles have raised their objections to the bill over some rulings related to norms. Lalola Easter, coordinator of the legal division and judicial monitoring of Indonesia Corruption Watch (ICW), criticized the provisions demanding requirements for filing alleged corruption offenses in the bill. “In the case of the worst possibility that the Criminal Code bill is passed [into law], the option left is to file for a judicial review with the Constitutional Court. That's what can be done," she said.
Meanwhile, the University of Indonesia Student Alliance (BEM), in its press release, urged the President to postpone the ratification of the Criminal Code bill pending accomplished deliberation on contentious provisions that they found in the rulings on threats of imprisonment and fines for demonstrations without prior notification, as well as the defamation of the president/vice president.
