President Jokowi\'s Different Stance

KOMPAS/NINA SUSILO

President Joko Widodo explains the government’s decision to postpone the ratification of the draft Criminal Code Bill (RKUHP) into law at Bogor Palace on Friday (20/9/2019). He said the decision was made after listening to input from the community that many controversial articles were considered to have the potential to threaten democratization in Indonesia. The government promised to hear more input from the community to improve the RKUHP.

President Joko “Jokowi” Widodo took a different stance with regard to the revision of the Corruption Eradication Commission (KPK) Law, as opposed to the revision of the Criminal Code bill (RKUHP).

For the revision of the KPK Law, President Jokowi "approved" a limited discussion of the KPK Law revision. On the contrary, however, at the end of the deliberation of the RKUHP, President Jokowi at a press conference at Bogor Palace, Friday, 20 September 2019, asked Law and Human Rights Minister Yasonna Laoly to postpone the ratification of the RKUHP. There is no need for the House of Representatives to pass the RKUHP into law in the 2014-2019 term, which will end on 30 September 2019.

The KPK Law revision has indeed been carried out in a limited way. However, the substance of the KPK Law revision is more comprehensive and has the potential to complicate the performance of the KPK. Under the new KPK Law, the new "ruler" of the KPK is a Supervisory Board, which for the first time will be appointed by the President. The complexity of institutional issues is a problem of its own within the KPK. Strong criticism from civil society toward President Jokowi came when the President sent a presidential letter concerning the deliberation for the revision of the KPK Law.

KOMPAS/WAWAN H PRABOWO

The chairman of the formulation team of the draft criminal code bill (RKUHP), Muladi (left), together with Law and Human Rights Minister Yasonna Laoly (right), clarifies a number of articles in the revision of the RKUHP to journalists at the Law and Human Rights Ministry, Jakarta, Friday (20/9/2019). The government and the House of Representatives (DPR) agreed to postpone the ratification of the RKUHP into law because of the many controversial articles that are considered a threat democratization in Indonesia.

Both the revision of the KPK Law and the deliberation of the RKUHP were met with strong public opposition. A number of articles in the RKUHP have the potential to hamper civil liberties, freedom of speech and tend to strengthen the state authority. Specifically with regard to corruption, the articles on corruption in the RKUHP even give lighter punishments for corruptors. Lighter penalties for corruptors are clearly contrary to President Jokowi\'s stance that considers corruption to be the enemy of this nation.

The stance of President Jokowi, who asked for a postponement of the ratification of the RKUHP into law should be appreciated. Public input is heard. However, what remains to be questioned is why the public\'s strong rejection against the revision of the KPK Law was not fully heard by President Jokowi.

KOMPAS/RADITYA HELABUMI

Activists and volunteers join the 602nd Kamisan protest in front of Merdeka Palace in Jakarta on Thursday, (19/9/2019). Besides calling on the government to settle past cases of human rights abuse, they also criticized the government and the House of Representatives over the revision of the Corruption Eradication Law and called for the postponement of the planned revision of the Criminal Code, arguing that the bill contained several controversial stipulations that threaten freedom of speech.

Postponing the ratification of the RKUHP does not create a legal vacuum. The Criminal Code of the colonial legacy is still a positive law. We capture the spirit of the nation to immediately make a national Criminal Code whose the draft was prepared 46 years ago. We suggest that the DPR open public access as widely as possible so that the public feels to be involved. That is why there must not be a principle of now and never in the deliberation of the RKUHP.We urge the House to hand over "inheritance" on the unfinished part of the deliberation of the RKUHP to the House for the 2019-2024 period. There is no need to discuss the RKUHP from the beginning again. The RKUHP must be a priority to be resolved by the DPR 2019-2024 by changing the paradigm of thinking about criminal law. The time of discussion and approval should not be scheduled at the end of the term of office.

KOMPAS/RADITYA HELABUMI

Activists and volunteers join the 602nd Kamisan protest in front of Merdeka Palace in Jakarta on Thursday, (19/9/2019). Besides calling on the government to settle past cases of human rights abuse, they also criticized the government and the House of Representatives over the revision of the Corruption Eradication Law and called for the postponement of the planned revision of the Criminal Code, arguing that the bill contained several controversial stipulations that threaten the freedom of speech.

This nation needs a Criminal Code of the nation’s work. However, the substance of the Criminal Code must be adjusted to the spirit of democracy and not curb civil liberties. Open the public space as widely as possible so that the public is involved in the discussion of the RKUHP, that is so strategic and important. The interests of the people must be prioritized.