The Criminal Law and Criminology Study Center of Universitas Muhammadiyah Yogyakarta’s Faculty of Law (FH UMY) hosted a study of the Criminal Code of Law Bill (RUU KUHP) on Tuesday (25/07) at Ki Bagus Hadikusumo Building’s Faculty of Law’s Courtroom, UMY Central Campus. Themed “The Effort to Build the National Criminal Code”, The study hosted four speakers, who all had specific topics.
Dr. Aloysius Wisnubroto, S.H, M.Hum expressed the foundations of material legality. He stated that the Indonesian Criminal Law is ready to adopt the law that currently exists among the public. “The foundations of this material legality shows that the Indonesian criminal law is still adapted from the public’s laws, like for example the Awik-awik (the laws of people from Mount Rinjani) in Bali. In addition, laws in Aceh are also adapted from the public, particularly the Qonun. Such factors make us think that these foundations still need to be represented in the bill for a just system of law,” Aloysius clarified.
In addition, he also stated that there are several points to renewing the foundations of legality. “There are some things that need to be considered from the renewal of legality, one of which is the formulations of the foundations are too strict, which can make it difficult to follow public development and more dynamic values, other than that, a correct formulation is needed, at least to guarantee a good quality of life. And the most important point is a comprehensive study of what constitutes a law among in the people, so it doesn’t become counter-productive and overblown,” Aloysius, a lecturer of Universitas Atmajaya Yogyakarta (UAJ), added.
The study also discusses moral offences. Heri Purwanto, S.H., M.Hum, a lecturer from FH UMY, stated “We think that the expansion of laws regarding moral offences fits what we hoped for, which is the inclusion of bodily harm into moral offences, and as per the criminal sanction rules, warrants a heavier punishment compared to other moral offences,”.
Heri added that there are several critical notes regarding specific offences. “These critical notes discuss discretion or the freedom to take matters in their own hands. In the future, its part in situations that involve the application of criminal laws by lawmaking institutions will be larger, more so after the adjustment of criminal sanctions on each point in the bill. the regulation of special offences can impact the bill itself, which will make the line between different authorities unclear,” Heri added.
The Dean of FH UMY, Dr. Trisno Raharjo, S.H, M.Hum clarified the conclusion of the discussion. “The study of RUU KUHP has existed since 1963, with the pros and cons of each article being offered becoming a routine agenda both from academicians or practicioners. From the expose, it can be concluded that RUU KUHP needs to be well guarded and needs a good input so it could be the pride of Indonesians,” Trisno concluded (CDL)
