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Tuesday, 20 December 2022 11:31

Criminal Code Law, Starting Point of Criminal Administration Reform in Indonesia

Written by  Rahma
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At last, Indonesia has its own Criminal Code -KUHP. The Indonesian House of Representatives (DPR RI) passed the Criminal Code Law draft (RUU KUHP) into law on Tuesday (6/12/2022).

Previously, the Criminal Code in force in Indonesia was a Dutch product which had taken effect since 1918. Quoting the official website of the National Law Development Agency, Minister of Law and Human Rights, Yasonna H. Laoly said that this ratification is a historic moment in the implementation of criminal law in Indonesia. After years of using the Dutch-made Criminal Code, now Indonesia has its own Criminal Code.

The ratification of the Criminal Code Bill took a long way. As stated by Minister Yasonna Laoly, Indonesia has been formulating criminal law reforms since 1963. Before and after the ratification, the pros and cons of the newly passed Criminal Code emerged. Not only from within the country, but also several foreign parties also issued their opinions. One of them is the UN Representative in Indonesia. In a press release published on the official website of the UN Representative in Indonesia, the UN expressed its concern over a number of articles that have the potential to violate freedoms and human rights.

Something new is not necessarily able to satisfy all parties, likewise with the Criminal Code. Minister Yasonna Laoly appealed to those who disagree with or protest against the newly passed Criminal Code to convey it through the correct mechanism. The public are allowed to submit a lawsuit to the Constitutional Court -MK.

Take for example, the foreign parties, such as UN Representatives. The Ministry of Foreign Affairs has summoned the UN Representative on Monday (12/12). Spokesman for the Ministry of Foreign Affairs, Teuku Faizasyah in a press conference, Monday said that the etiquette that applies is the interaction of foreign or UN representatives in one country through communication channels to discuss various issues, not to use the mass media as a tool to convey something that has not been verified. He added that it is appropriate for foreign representatives, including the United Nations, not to rush into issuing opinions before obtaining clearer information.

 The Law on Criminal Procedure Code will only come into effect in 2025. There is enough time to socialize the Criminal Code Law which is considered the starting point for criminal administration reform in Indonesia. Its implementation is, of course, the joint responsibility of the Indonesian nation.This can be understood not only by the Indonesian people, but also foreigners. Thus, fears of unwanted impacts from the implementation of the Criminal Code Law can vanish.

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