PKn Diskusi P.11 (Il.Gizi)

Summary

The script discusses the history and current issues of the Indonesian Criminal Code (KUHP), which originated from Dutch colonial laws. It highlights the public's rejection of the revised Criminal Code Bill (RUU KUHP) due to controversial articles, such as those on corruption, adultery, and insulting the national flag. The script also mentions President Joko Widodo's decision to postpone the approval of RUU KUHP to address public concerns, emphasizing the need for clarity and public consensus in legal reform.

Takeaways

• 📚 The presentation discusses the Indonesian Criminal Code (KUHP) and its historical development from colonial Dutch law to the current Indonesian legal system.
• 🏛 The initial application of the Criminal Code in Indonesia was through Government Regulation No. 8 of 1946, which was later solidified by Law No. 73 of 1958 to cover the entire territory of Indonesia.
• 📖 The script introduces the concepts of 'objective' and 'subjective' criminal law, detailing how they function within the legal framework.
• 🎓 The presentation highlights the ongoing debate and public protests against the revision of the KUHP, particularly the RUU KUHP, which has been criticized for not aligning with the spirit of Indonesian independence.
• 🚨 The RUU KUHP has faced significant criticism for provisions that are seen as lenient on corruption, as well as for addressing issues like blasphemy, abortion, and the desecration of the national flag.
• 📉 The script mentions specific articles within the RUU KUHP that have been controversial, such as those dealing with corruption, adultery, and the use of contraceptives.
• 👮‍♂️ The discussion points out that the RUU KUHP has been criticized for potentially criminalizing certain behaviors that are not in line with the protection of human rights.
• 🏢 The script emphasizes the need for the President to take a firm stance on the delay of the RUU KUHP's approval to avoid controversy and ensure that the law is in accordance with public sentiment and human rights.
• 📉 The presentation concludes with a call for clarity and transparency in the revision process of the KUHP, urging the government and the House of Representatives to address the public's concerns and ensure that the law reflects the values of the Indonesian nation.
• 🤝 The script ends with a note of thanks to all participants and a closing remark in Arabic, signifying the multicultural and multilingual nature of the discussion.

Q & A

What is the main topic of the presentation by Group 4?

The main topic of the presentation is the discussion of the Indonesian Criminal Code (KUHP), specifically focusing on the Draft Criminal Code (RUU KUHP).

What is the historical context of the Indonesian Criminal Code mentioned in the script?

The historical context mentioned is that Indonesian Criminal Law is inseparable from the presence of the Indonesian people, who were under Dutch colonial rule and then became independent. After independence, to avoid legal vacuum, based on Article 2 of the 1945 Constitution, all existing regulations continued to apply until new ones were enacted.

Why was the Criminal Code of 1964 enacted?

The Criminal Code of 1964 was enacted to fill the legal vacuum during the transition period after Indonesia's independence. It was based on the regulations of the government of Java and Madura and was later extended to cover the whole of Indonesia.

What are the two general concepts of criminal law as discussed in the script?

The two general concepts of criminal law are the objective concept (Ispen Eldani) and the subjective concept (Yuspiner). The objective concept includes regulations containing prohibitions and obligations, while the subjective concept refers to the state's right to punish individuals who commit prohibited acts.

What is the political issue raised regarding the current Indonesian Criminal Code?

The political issue is that despite Indonesia being an independent nation, the current Criminal Code is still a colonial legacy from the Dutch era, which raises questions about its alignment with the spirit of the Indonesian nation.

What were the main points of public protest against the Draft Criminal Code?

The main points of public protest included issues with the provisions on corruption, adultery, contraception, insulting the president, and the criminalization of certain behaviors that were seen as not aligning with the values and needs of the Indonesian society.

What was the government's response to the public protests against the Draft Criminal Code?

The government, in response to the public protests, decided to postpone the approval of the controversial Draft Criminal Code. President Joko Widodo ordered a delay in the approval process, asking for a clear stance on the matter from the Human Rights Commission to be communicated to the House of Representatives.

What is the implication of the postponement of the Draft Criminal Code according to the script?

The implication of the postponement is that there is a need for clarity and a thorough review of the Draft Criminal Code to ensure that it does not generate further controversy and aligns with the current societal context and values.

What is the conclusion drawn by Group 4 regarding the Draft Criminal Code?

The conclusion is that to avoid legal vacuum, the existing Criminal Code has been in use for a long time, and despite attempts to revise it, some provisions have been controversial. The solution to the issues with the Draft Criminal Code is for the President to be decisive in delaying its approval to prevent further controversy.

What is the final recommendation made by the group regarding the Draft Criminal Code?

The final recommendation is that the President should clearly delay the approval of the Draft Criminal Code to prevent it from causing controversy due to its broad and potentially inappropriate provisions.