RKUHP Goes Back to Start

The House of Representatives (DPR) and the government are to again deliberate the draft law on the Criminal Code (RKUHP).

KOMPAS/HENDRA A SETYAWAN

Police officers stand guard on Youth Pledge Day during a rally by students of Halu Oleo University, Kendari, near the Arjuna Wijaya chariot statue in Jakarta on Monday (28/10/2019). The students were demanding that those responsible for the deaths of two Halu Oleo students be brought to justice. The two students were killed during a protest against the draft Criminal Code and the revision of the Corruption Eradication Commission (KPK) Law.

The deliberation of the RKUHP was postponed at the end of the last House session in September due to overwhelming public outcry. The RKUHP is now among the priorities of the 2020 National Legislation Program (Prolegnas), which is to be finalized this month.

The RKUHP was actually completed and approved by the House Commission III (Legal Field) of the 2014-2019 legislative session, but the public rejected it. As this daily reported on Saturday (2/11/2019), a number of House factions will deliberate the RKUHP anew with the government during the 2019-2024 session.

However, other House factions have said there was no need to deliberate the RKUHP again, arguing that the majority of the 2019-2024 House legislators were reelected and that all factions in the previous session had approved the draft law.

The current Criminal Code was derived from the Wetboek van Strafrecht voor Nederlandsch-Indië (Dutch East Indies Criminal Law).

The discussion on amending the Criminal Code has lasted many decades. The current Criminal Code was derived from the Wetboek van Strafrecht voor Nederlandsch-Indië (Dutch East Indies Criminal Law), which was enacted through the 1915 Staatsblad (statutes) No. 732 and came into force on 1 Jan. 1918. Law No. 73/1958 enacted a new Criminal Code across all regions in the Indonesian archipelago.

Various attempts have been made since 1958 to give birth to a criminal law that was more in keeping with contemporary social developments and conditions. In addition to drafting the RKUHP, new articles were added to alter the regulations adopted from the Dutch East Indies Criminal Law. In 1976, the House of Representatives and the government added provisions on aviation crimes and criminal acts, including crimes against aviation facilities/infrastructure.

KOMPAS/HENDRA A SETYAWAN

Thousands of workers and students rally on Youth Pledge Day at the Arjuna Wijaya chariot statue in Jakarta on Monday (28/10/2019). The protesters rallied against revisions to the Corruption Eradication Commission (KPK) Law and the draft Criminal Code.

In 1980, the scope of bribery was expanded in the Criminal Code beyond sports to cover corruption as regulated in Law No. 3/1971 on Eradication of Corruption and Provisions for Economic Crimes.

Efforts are continuing to develop a fitting Criminal Code and Criminal Code Procedures (KUHAP). The New Order government enacted a separate KUHAP through Law No. 8/1981 on Criminal Procedure, but a new KUHP was not developed until this year.

There is nothing wrong with public representatives turning back to listen to the people\'s voice.

By September, the government and the DPR had agreed on at least 14 out of 628 RKUHP articles that had been deemed problematic for encroaching on the private affairs of citizens. Moreover, the deliberation procession was criticized for being rushed and held behind closed doors.

Read more : Relevance of Youth Pledge

The prolonged discussion over the revised Criminal Code Law represents a lack of convergence between the people\'s aspirations and the government and the House’s intentions. The public representatives of the current DPR session have five years to listen to and acknowledge the people\'s aspirations. There is nothing wrong with public representatives turning back to listen to the people\'s voice.