The draft Criminal Code bill (RKUHP) is expected to be passed into law at today’s House of Representatives’ plenary session. Some of the bill’s provisions are appropriate, while others are still controversial.
By
Kompas Team
·4 minutes read
REBIYYAH SALASAH
A number of DPR Commission III factions took a photo with Deputy Minister of Law and Human Rights Eddy Omar Sharif Hiariej after approving the ratification of Criminal Code bill in level I discussions, at the Parliament Complex, Jakarta, Thursday (24/11/2022).
JAKARTA, KOMPAS – The House of Representatives’ plenary session on Tuesday (6/12/2022) will finalize a decision on the draft Criminal Code bill (RKUHP). The House’s approval to pass the bill into law is expected to proceed without interruption as no party faction has expressed any objections.
However, several civil-society groups continue to question a number of provisions in the RKUHP. Protests against the bill’s ratification have sprung up in Jakarta and other areas.
House Secretary-General Indra Iskandar, on Monday (5/12), confirmed that today’s plenary session will finalize a decision on the RKUHP. The meeting will be chaired by House deputy speaker from the Gerindra Party (Gerindra) faction, Sufmi Dasco Ahmad.
The RKUHP was brought to a plenary session after House Commission III approved its ratification at level 1 on 24 November. At the time, all nine party factions approved, while two factions, namely the Democratic Party and the Prosperous Justice Party (PKS), provided notes.
Kompas probed the issue on Monday and found that the attitudes of the party factions have not changed. “The PDI-P faction agrees that the RKUHP will be ratified at the plenary session. If there are parties that disagree, there is no need for protests. Take it to the Constitutional Court,” said House Commission III member, Muhamad Nurdin who is from the PDI-P faction.
House Commission III member from the Golkar faction, Supriansa, also said his faction still approved the ratification of the RKUHP. Meanwhile, though the Democratic Party and PKS factions provided notes, they eventually agreed with the ratification as well. “Most importantly, the RKUHP is a product of the nation. It has been a century since we’ve used the criminal code from our colonizers,” said House Commission III member from the Democratic Party faction, Santoso.
KOMPAS/RONY ARIYANTO NUGROHO
Action against the ratification of the Criminal Code Bill (RKUHP) in front of the MPR and DPR Building Complex, Jakarta, Monday (5/12/2022).
Law and Human Rights Minister Yasonna H. Laoly emphasized that the government and the House have repeatedly deliberated the RKUHP and listened to public feedback. Apart from that, socialization efforts of the RKUHP have also been intensified. “It is normal for there to be parties with different views in a democratic country. However, that does not mean hijacking is needed to call it off,” he said.
He asked the public to understand that the current Criminal Code, a legacy left by the Dutch colonial era, is no longer relevant. He also claimed that the content of the RKUHP is more reformative.
“As a nation, we should be ashamed of still using the Dutch law. There is no pride as children of this nation. Thus, as children of this nation, let us realize that differences of opinion are fine. If you still cannot find it in yourself to agree, please make an appeal at the Constitutional Court,” he said.
Advanced provisions of the RKUHP
Trisakti University criminal law lecturer Azmi Syahputra believes that the provisions in the RKUHP are more advanced. For one, the RKUHP puts forward seven points of balance, including not only demanding rights but also obligations, considering national interests, individuals, society, international law and laws that live in society.
Other advanced provisions in the RKUHP include, among others, two channels for punishment, namely crime and action. The RKUHP also contains punishment alternatives, including an alternative to the death penalty, which is imposed alongside a probation period of 10 years. If there is an improvement in behavior, the death penalty can be replaced with life imprisonment. The RKUHP also contains punishment alternatives in the form of fines, supervision and social work. Social work can be given to defendants who commit crimes that are punishable by less than five years of imprisonment.
Opposing the ratification
Even so, many still oppose certain provisions of the RKUHP and have requested its ratification be postponed. Articles that were rejected include those related to insulting the government and state institutions as well as attacking the dignity of the president. This rejection was conveyed by several civil society groups protesting at the House complex in Jakarta, as well as other cities, such as Bandar Lampung, Lampung; Padang, West Sumatra; and Jayapura, Papua.
The Legal Aid Institute for the Press (LBH Pers) protested in front of the House complex and claimed that the RKUHP was a threat to democracy as it could potentially disrupt the work of journalists. LBH Pers lawyer Gema Gita Persada highlighted Article 263 of the RKUHP concerning fake news. “It does not specify what kind of fake news. Journalists will be at risk of being criminalized while the criminal threat in this regulation increases,” she said. (ANA/Z06/Z15/ FLO/ VIO/JOL)
