A New Era of Criminal Law

The government sees the DPR’ decision to approve the ratification of the draft Criminal Code bill as a solid step toward reforming Indonesia’s criminal law. Objections can be brought to the Constitutional Court.

KOMPAS/HENDRA A SETYAWAN

The DPR plenary meeting with the agenda for making decisions regarding the Draft Criminal Code (RKUHP) at the Parliament Complex, Senayan, Jakarta, Tuesday (5/12022). The DPR passed the RKUHP into the Criminal Code by acclamation.

JAKARTA, KOMPAS – A new era of criminal law will begin after the draft Criminal Code bill (RKUHP) was passed into law at the House of Representatives’ (DPR) plenary session on Tuesday (6/12/2022). During the three years before the Criminal Code comes into effect, outreach and training will be provided to all law-enforcement officers so that the law is properly implemented. Those who object are also welcome to submit a judicial review to the Constitutional Court (MK).

The approval for the ratification of the RKUHP saw the walkout of a House member from the Prosperous Justice Party (PKS) faction, Iskan Qolba Lubis, from the plenary session room at the House building in Jakarta, before the House made a decision. This occurred after House Deputy Speaker and the meeting’s chair, Sufmi Dasco Ahmad, who is from the Gerindra Party (Gerindra) faction, refused Iskan’s interruption.

Iskan’s interruption conveyed his objections to Article 218 of the RKUHP, which concerns attacks on the president and vice president’s dignity, as well as Article 240, which concerns insulting the government or state institutions. “I will submit [a judicial review] to the Constitutional Court about these two articles,” said Iskan.

Also read:

> Please Challenge it through Constitutional Court

> The RKUHP Still has Notes

Dasco said that he had given the PKS faction an opportunity to present their notes regarding the RKUHP. However, the House member from the PKS was asking for the articles to be revoked. According to Dasco, this could not be fulfilled as the RKUHP had already been approved for ratification by all House factions, including PKS, at a level 1 discussion between House Commission III and the government.

Apart from the PKS faction, the Democratic Party faction also provided notes during the level 1 discussion. These notes were again conveyed during the plenary session by a House member from the Democratic Party faction, Santoso. According to him, the government must ensure that the new Criminal Code will not criminalize society. For that, law enforcement must have an accurate understanding of it.

Total of 624 articles

The approved RKUHP consists of 624 articles. The current Criminal Code, a legacy left by Dutch colonists, has 569 articles. Referring to Article 624 of the RKUHP, the new Criminal Code, which had been in discussion since 1963, will only take effect three years after it was promulgated.

Law and Human Rights Minister Yasonna H. Laoly conveyed the government’s final opinion during the plenary session and said that the drafting of the bill had gone through a long process, which included intense dissemination to the public and listening to public wishes.

He also conveyed several important matters contained in the RKUHP, such as the expansion of different types of punishment, which will not only include imprisonment and fines, but also supervision and social work. The death penalty will always be used as an alternative threat and imposed with probation.

KOMPAS/SAIFUL RIJAL YUNUS

A number of journalists from the Kendari Alliance of Independent Journalists (AJI), and the Southeast Sulawesi Indonesian Television Journalists Association (IJTI) took action against the Draft Criminal Code Bill (RKUHP), at the Southeast Sulawesi DPRD office, Tuesday (6/12/2022). The new regulation is considered problematic because it curbs freedom of expression and threatens society.

At the State Palace, Central Jakarta, Yasonna said the government respects the differences of opinion that remain regarding the RKUHP and welcomes anyone to submit a judicial review to the Constitutional Court.

“A lot of feedback was accommodated. For those who still have different views, it is impossible for all of us to agree 100 percent. There is no such law yet,” said Yasonna.

Deputy V of the Presidential Chief of Staff Jaleswari Pramodhawardani emphasized that the ratification of the RKUHP is a solid step toward criminal-law reform. The new Criminal Code will improve the criminal-law regulatory system and prevent criminal disparities between one provision and another.

Government expert Prof. Harkristuti Harkrisnowo said that the three years before the new Criminal Code comes into effect will be used to socialize the law to the public by a team of experts and the government. Additionally, the time will also be used to train law enforcement to understand the RKUHP’s meaning, essence and philosophy.

Pros and cons

According to Jenderal Soedirman University criminal law professor Hibnu Nugroho, in Purwokerto, only about 25 percent of the provisions in the RKUHP are truly novel. He deemed that the material was adapted to the spirit of the nation based on the Pancasila.

Regarding sentences, he sees that rather than adhering to principles of distributive justice or criminal justice for retribution, the RKUHP is focused on restorative justice that sides with the victim. Thus, imprisonment will not be the only type of punishment, but there will be alternatives such as social work.

Also read:

> Criminal Code Bill a Step Closer for Ratification

> The Criminal Code Bill and Public Privacy

Regarding the articles on insulting the president, vice president and the government, Hibnu does not view it as an article that is more colonial than the current Criminal Code. This is because the offense of contempt is more of a complaint, rather than a general offense. Insults can only be processed if there is a complaint from the president or heads of state institutions.

On the other hand, Usman Hamid, chairman of the Public Virtue board, criticized several provisions of the RKUHP, saying it resulted in a product that is inconsistent with the spirit of decolonization and the democratization of criminal law in Indonesia. Articles dealing with insulting the president, treason and blasphemy are among them.

“Recolonization and de-democratization is what is happening. So, it’s like a setback. We are letting go of the principles of democracy, anticolonialism and antiauthoritarianism in this law,” he said. (ANA/INA/CAS/Z06/COK)

This article was translated by Kesya Adhalia.