Daftarsbmptn.com – The National Criminal Code (KUHP) has once again come under public scrutiny as new criminal law regulations have begun to be implemented in Indonesia. A criminal law lecturer from a renowned state university reviewed the long history of the National Criminal Code, which is considered the result of a lengthy historical, academic, and political legal process, spanning from the colonial era to the modern legal reform era.
According to the law lecturer, the National Criminal Code cannot be separated from the long history of Indonesian criminal law, which for decades still used the Wetboek van Strafrecht (WvS), a legal product inherited from the Dutch colonial government. This colonial criminal code came into effect in the Dutch East Indies in 1918 and continued to be used even after Indonesia’s independence in 1945.
“For more than seven decades, Indonesia has lived with the Criminal Code inherited from colonial rule. This is ironic because an independent nation still uses a criminal code designed for the interests of the colonialists,” he said during an academic discussion on national criminal law reform.
Efforts to draft the National Criminal Code actually began at the beginning of independence. However, the process has been very slow due to the complexity of criminal law, which touches on social, cultural, religious, and human rights values. Each change to the articles often sparks lengthy debate among academics, legal practitioners, and civil society.
The lecturer explained that criminal law not only regulates crimes and punishments but also reflects the moral values and outlook of a nation. Therefore, the drafting of the National Criminal Code must strike a balance between legal certainty, justice, and social benefit.
“The colonial Criminal Code was oriented toward protecting the power of the colonial state. Meanwhile, the National Criminal Code was designed to protect the community, respect the values of Pancasila, and adapt to current developments,” he explained.
Over the course of its development, the concept of the National Criminal Code has undergone various revisions, from strengthening the principle of legality, regulating alternative punishments to imprisonment, to recognizing living law. This update is considered a crucial step in reducing the reliance on imprisonment, which has long been a major problem in the Indonesian correctional system.
Furthermore, the National Criminal Code also represents a paradigm shift from a retributive approach to a restorative one. This means that criminal law is not solely aimed at punishing perpetrators, but also considers the recovery of victims and social balance.
However, the law lecturer acknowledged that the process of reforming the Criminal Code was not without controversy. Several articles have drawn criticism for their potential to restrict freedom of expression or lead to multiple interpretations in their application. This demonstrates that the National Criminal Code is a product of compromise between various interests and differing perspectives.
“No Criminal Code is perfect. What’s most important is how its implementation is continuously monitored and evaluated,” he emphasized.
He also emphasized the importance of law enforcement officials’ role in understanding the philosophy of the National Criminal Code. Without a proper understanding, the goals of criminal law reform could deviate from their original spirit. Therefore, legal outreach and education for both officials and the wider public are key to the successful implementation of the National Criminal Code.
In a global context, the reform of the National Criminal Code is seen as Indonesia’s step to adapt to developments in international law, particularly in issues of human rights and criminal justice. However, Indonesia continues to strive to maintain the character of national law so that it is not uprooted from the cultural and social values of its people.
The law lecturer hopes that with the enactment of the National Criminal Code, Indonesia will have a criminal justice system that is more modern, humane, and relevant to the challenges of the times. He also encouraged the public to view the Criminal Code not merely as a repressive tool, but rather as an instrument for creating order and social justice.
“The National Criminal Code is the result of this nation’s long struggle. Our task now is to oversee its implementation to ensure that it truly supports justice and humanity,” he concluded.