The government and the House of Representatives (DPR) welcome anyone who is dissatisfied with the new Criminal Code to challenge it at the Constitutional Court.
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KOMPAS EDITOR
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KOMPAS/HENDRA A SETYAWAN
Minister of Law and Human Rights Yasonna H Laoly (left) submits a report on the Draft Criminal Code (RKUHP) to DPR Deputy Speaker Sufmi Dasco Ahmad after giving the government's final views in a plenary meeting at the Parliament Complex, Senayan, Jakarta, Tuesday ( 5/12022). The DPR passed the RKUHP into the Criminal Code..
Law and Human Rights Minister Yasonna H Laoly and members of the DPR say they welcome anyone who is dissatisfied with a number of articles in the Criminal Code to challenge it at the Constitutional Court (MK). The government and the DPR admit that they have accommodated the public's wishes. However, of course, you cannot satisfy everyone.
That suggestion is constitutional. However, the public also knows that the independence of MK justices has fallen under political control. MK judges are under the shadow of the DPR, which can dismiss justices through "political recalling" if they are not in line with the wishes of the DPR.
Justice Aswanto is one of the examples. Justice Aswanto, who was believed not to be in line with the DPR, was replaced. The Constitutional Court supremacy was replaced by parliamentary supremacy.
On Tuesday (6/12/2022), the government and the DPR agreed to ratify the new Criminal Code despite public criticism. There are good things in the revised Criminal Code. However, some problematic articles remain. Criticism came from the Press Council and civil society who considered that the revised Criminal Code could threaten press freedom and civil liberties. A number of articles in the new Criminal Code are considered problematic, including those related to insults and the spread of false news.
KOMPAS/RONY ARIYANTO NUGROHO
Activists protesting the passage of the Draft Criminal Code Bill (RKUHP) in front of the fence of the DPR/MPR Building Complex, Jakarta, Tuesday (6/12/2022).
Articles 263-264 of the revised Criminal Code, for example, stipulate that the spread of fake news and exaggerated news that can result in riots can be subject to criminal penalties. This article is considered contrary to the Press Law. The public still has not forgotten the fake news related to the scenario in the murder case of Brigadier Yosua engineered by the head of the internal-affairs division of the National Police then-inspector general Ferdy Sambo. The lie was exposed by the press.
The new Criminal Code received a response from the United States Ambassador Sung Y Kim, who is concerned that the ratification of the revised Criminal Code could have an impact on the investment climate in Indonesia. The US ambassador highlighted the clause that criminalizes aspects of adult morality. The state goes deep into private life.
The government and DPR allow anyone who is dissatisfied with the revision of the Criminal Code to challenge it via the MK. Such a response is an attempt to divert conflicts between state and people to the judiciary, which is controlled by the DPR. The ratification of the Criminal Code has passed through a long journey. The intention to replace the old colonial Criminal Code has been fought for a long time. And now, the dream of having a new Criminal Code has come true.
The Criminal Code has become a political fact. The new Criminal Code will take effect in three years. There are many good things in the new Criminal Code. However, there are also potentially problematic ones. Within a three-year period, dissemination of the new law to the public and to law enforcers is necessary so that law enforcers do not freely interpret the articles. We hope that new House members resulting from the 2024 election will have the courage to take the initiative to review problematic articles.
This article was translated by Hendarsyah Tarmizi.
