The President\'s request to postpone the ratification of the draft Criminal Code bill (RKUHP) is an opportune time to open public space for discussion of the bill. The RKUHP must be ensured to be in line with the spirit of democracy.JAKARTA, KOMPAS — The House of Representatives took into consideration President Joko Widodo\'s request to postpone the ratification of the RKHUP. The postponement is expected to be followed by the opening of public space for discussion on the matter.
The opening of the public space, among others, can be done by the government by forming a committee consisting of a number of experts and community leaders to participate in giving input in the discussion of the RKUHP. Therefore, the RKHUP, which would later be ratified to replace the current Criminal Code, is in accordance with the spirit of democracy and does not threaten civil rights.
A request that public input be heard in the RKUHP discussion was also disclosed by President Joko Widodo. "I order the Law and Human Rights Minister to collect the input from various groups of society as material to improve the existing Criminal Code bill," the President said at Bogor Palace, Friday (20/9/2019).
On this occasion, the President said that after listening to input from various groups, the RKUHP that had been agreed to in the first level of the decision making forum between the House and the government on 18 September still contained a number of materials that needed further discussion. Therefore, the President asked that the plan to ratify the RKUHP as the new Criminal Code in the House plenary meeting on 24 September be postponed.
"I have ordered the Menkumham to disclose this stance to the House, namely the ratification of the RKUHP to be postponed. And the ratification should not be carried out by the House of this period," he said, referring to the law and human rights minister.
The President hopes the House will have the same stance as the government with regard to the discussion of the RKUHP. When asked by reporters about the materials that needed further discussion, the President said there were around 14 points.
Separately, Law and Human Rights Minister Yasonna H. Laoly said he would discuss the technical arrangement for the delay in ratifying the RKUHP, as instructed by the President, with the House.
The RKUHP was among bills that triggered discussion in the community. Other discussion also emerged during the discussion of the revision of the Corruption Eradication Commission (KPK) Law. On Tuesday, a House Plenary Meeting approved the revision of the KPK Law to be passed into law.
During the revision of the KPK Law, the President agreed to make a limited revision of the law.
Another bill that will soon be taken to the House Plenary Meeting for approval as a law is the revision of the Penitentiary Law. In the bill, among other things, there are provisions that prisoners may apply for leave.
Taken into consideration
Responding to the President\'s request to postpone the ratification of the RKUHP, DPR Speaker Bambang Soesatyo said he had communicated this with several elements of the faction leaders in the House and agreed to review it.
"We warmly welcome what the President said. However, I have not been able to talk (whether RKUHP ratification) will be postponed or canceled because it still needs to be discussed at an internal DPR meeting," said Bambang.
A member of the RKUHP Working Committee (Panja) from the United Development Party (PPP) Faction, Arsul Sani, said that basically the ratification of the law must be based on an agreement between the House and the government. If one party has not agreed to it, the ratification cannot be forced. As a member of the government supporting faction, Arsul said he agreed with the President\'s proposal to postpone the approval of the RKUHP.
A member of the RKUHP working committee from the Indonesian Democratic Party of Struggle (PDI-P) faction, Masinton Pasaribu, also said he did not question the President\'s request. The dynamics in the community related to the RKUHP need to be taken into consideration.
A member of the working committee from the Prosperous Justice Party (PKS) Faction, Nasir Djamil, respected the President\'s request. He hoped the President would be prepared to wait for the House\'s decision on the proposed postponement of the RKUHP. According to him, the postponement of the ratification of the RKUHP must be based on rational reasons. "If the delay is only due to pressure, it is certainly not healthy for the climate of legislation formation," he said.
In-dept deliberation
Asfinawati from the Indonesian Legal Aid Foundation hoped the RKUHP would not only be postponed but there would also be further discussion on a number of problematic and multi-interpreted articles that have the potential to disrupt people\'s social lives.
Based on the records of civil society groups who are members of the National Alliance for KUHP Reform, there are more than 20 articles that are still problematic in the RKUHP.
The articles, among others, are those that regulate the living law in the community, insults against the President, legal government, state institutions, threats against women and vulnerable groups, corruption and gross human rights violations.
Anggara of the Institute for Criminal Justice Reform proposed that the President form a committee which, among other things, consisted of academics from various disciplines. The committee\'s task is to help ensure that the RKUHP is compiled comprehensively, always in line with the principles of constitutional democracy, and to get support from the community.
RKUHP Formulation Team Chairman Muladi promised, public inputs would be heard. "We will review all inputs but we will not receive them 100 percent. (RKUHP) this should not fail, but it can be postponed," he said.