PKn Diskusi P.11 (Keperawatan)

Summary

The video script discusses the controversial aspects of the Indonesian Criminal Code Bill (RUU KUHP) presented by Group 4. It highlights public protests, especially by students, against certain articles like those criminalizing extramarital sex and cohabitation, the regulation of abortion, and the punishment for corruption. The script also addresses the need for a broader perspective on the bill, suggesting that it's not just about the negative aspects but also understanding the intent behind the legislation. The presentation concludes with a call for a more comprehensive understanding of the bill's implications on Indonesian democracy and society.

Takeaways

• 📜 The script discusses the concept of legal realism in criminal law, emphasizing that the main source for determining criminal acts is written law, as incorporated into the Criminal Code Bill (RUU KUHP).
• 📝 The principle of legality in the RUU KUHP is expanded to include not only written law but also unwritten law, which refers to societal norms and customs, as a basis for criminal liability.
• 🔍 The script highlights the controversial articles in the RUU KUHP, particularly those related to extramarital sex (Articles 417 and 419), which have sparked protests among students and led to demonstrations at the DPR Jakarta building.
• 🚫 The issue of abortion is also a point of contention, with Articles 251, 470-480, and 472 addressing the criminalization of intentionally terminating a pregnancy, including in cases of rape victims.
• 👨‍👩‍👧‍👦 The script mentions the controversial nature of certain articles that could potentially infringe on personal freedoms, such as those dealing with cohabitation before marriage and the use of contraceptives.
• 🐓 Article 278, which discusses the potential fines for allowing livestock to roam in others' fields or gardens, is highlighted as a measure to maintain rural order but is criticized for being difficult to enforce.
• 💼 The script addresses the issue of corruption, with Article 604 proposing a minimum two-year prison sentence and fines for corruptors, which has been criticized for being too lenient.
• 🚸 The script also touches on the issue of women being fined for walking alone at night and being harassed, which is seen as an unfair and controversial provision.
• 🤔 The presentation suggests that solutions to the issues with the RUU KUHP should not only focus on the negative aspects but also consider different perspectives and the potential for amendments.
• 🏛️ The RUU KUHP has not yet been passed due to President Joko Widodo's recommendation to postpone its approval, leading to continued protests and dissatisfaction among students.

Q & A

What is the main topic discussed in the script?

The main topic discussed in the script is the concept and controversy surrounding the Indonesian Criminal Code Bill (RUU KUHP), including various controversial articles and public reactions.

What is the significance of legalitas in the context of the RUU KUHP?

Legalitas in the context of the RUU KUHP is the basis for determining whether an act is criminal or not. It emphasizes that the main source of law for this determination is written law or legislation, but it also acknowledges unwritten law or societal norms as a basis for criminal liability.

What are some of the controversial articles in the RUU KUHP that have sparked public demonstrations?

Some of the controversial articles in the RUU KUHP that have sparked public demonstrations include Article 417 and 419, which criminalize extramarital sex and cohabitation outside of marriage, and Articles 251, 470-480, and 472, which address abortion under certain conditions.

Why are Articles 417 and 419 of the RUU KUHP considered controversial?

Articles 417 and 419 are controversial because they criminalize extramarital sex and cohabitation outside of marriage, which some view as an infringement on personal freedoms and privacy, especially considering the increasing cost of living that leads some couples to live together without being married.

How does the script address the issue of abortion in the RUU KUHP?

The script discusses the RUU KUHP's provisions on abortion, specifically mentioning that intentionally ending a pregnancy, including in cases of rape, can lead to criminal charges. This has drawn public attention due to the prevalence of sexual violence and the need for clear legal protections for victims.

What is the controversy surrounding Article 414 and 416 of the RUU KUHP?

The controversy surrounding Article 414 and 416 of the RUU KUHP is related to the criminalization of parents who teach or display contraceptives to their children, with penalties including fines. Critics argue that this could hinder sex education and access to contraceptives.

What is the issue with Article 278 of the RUU KUHP as mentioned in the script?

Article 278 of the RUU KUHP addresses the issue of allowing livestock to roam in others' gardens or fields, which could lead to fines. The script suggests that while this could help maintain order in rural areas, some argue it's difficult to control as animals cannot be expected to understand boundaries.

What is the controversy regarding Article 604 of the RUU KUHP?

Article 604 of the RUU KUHP is controversial because it sets a minimum sentence of two years for corruption, which many believe is too lenient compared to the severity of corruption offenses and the potential damage they cause to society.

How does the script suggest approaching the RUU KUHP and its controversies?

The script suggests that instead of only focusing on the negative aspects of the RUU KUHP, one should consider different perspectives and understand the broader context of the law. It encourages a more nuanced approach to the discussion and understanding of the bill.

What is the current status of the RUU KUHP as discussed in the script?

As of the time of the script, the RUU KUHP has not been passed because the Indonesian House of Representatives decided to postpone its approval due to recommendations from President Joko Widodo. The script mentions ongoing student protests due to the postponement, as they view it as an insufficient response to their demands.