Sosialisasi Undang-Undang No. 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana

Summary

In this podcast episode from the Faculty of Law at Universitas Dirgantara Marsekal Suryadarma, Dr. Sujono discusses the newly enacted Criminal Code (KUHP) under Law No. 1 of 2023. He explains its significance for Indonesia, emphasizing that this new KUHP replaces the colonial-era law from 1946, reflecting the values of Pancasila and the nation's independence. The discussion also highlights the reasons for updating the KUHP, including political, sociological, practical, and adaptive factors. This new code is designed to align with contemporary global issues, such as terrorism and human trafficking, ensuring its relevance and modernity.

Takeaways

• 😀 The new Indonesian Criminal Code (KUHP) is a significant legal reform, replacing the colonial-era KUHP and aligning with the nation's values and principles.
• 😀 The new KUHP reflects the values of Pancasila, the foundation of Indonesian law, making it a true representation of the country's cultural and legal identity.
• 😀 The law requires that the new KUHP, which was enacted on January 2, 2023, be widely disseminated to the public by the Indonesian Parliament (DPR) and the government.
• 😀 A key principle of the new KUHP is that ignorance of the law does not excuse individuals from legal accountability, emphasizing the importance of legal awareness.
• 😀 The new KUHP will come into effect in January 2026, after a three-year transition period from its enactment date, reflecting its ongoing development.
• 😀 The colonial-era KUHP (known as 'Wetboek van Strafrecht') had been in use since 1918 and did not fully align with Indonesian values or the nation's legal philosophy.
• 😀 The new KUHP is seen as a necessary update, reflecting the modern needs of Indonesian law and addressing global challenges like terrorism and human trafficking.
• 😀 The reform aims to address both political and practical concerns, moving away from colonial laws and adopting more contextually relevant legal provisions for Indonesia's independent future.
• 😀 Indonesian legal experts highlight several reasons for the reform, including the political need for national legal autonomy, societal changes, and practical issues like language barriers in understanding the old Dutch texts.
• 😀 The new KUHP will help Indonesia adapt to international legal standards and tackle global issues such as money laundering and the illicit drug trade, which require an updated legal framework.

Q & A

What is the main topic discussed in this transcript?

The main topic is the socialization of Indonesia's new Criminal Code (KUHP) introduced by Law No. 1 of 2023, replacing the colonial-era law (KUHP Wetboek van Strafrecht).

Who is the speaker in this discussion?

The speaker is Marshal (ret.) Dr. Sujono, a distinguished guest from the Faculty of Law, Universitas Dirgantara Marsekal Suryadarma.

What key aspect of the new KUHP is emphasized by the speaker?

The key aspect emphasized is that the new KUHP reflects the values of Pancasila, Indonesia's national ideology, and it is a legal product tailored to the nation's current needs, replacing the colonial-era law.

Why is it important for citizens to be aware of the new KUHP?

It is crucial because once a law is enacted, all citizens are assumed to be aware of it, and ignorance of the law does not excuse them from legal responsibility.

When will the new KUHP officially take effect?

The new KUHP will officially take effect in January 2026, three years after it was promulgated on January 2, 2023.

What is the historical significance of the old KUHP (Wetboek van Strafrecht)?

The old KUHP, introduced in 1918 during the Dutch colonial period, had been a legal relic that did not fully reflect Indonesia's values and philosophy. It was a colonial inheritance that applied to various ethnic groups under Dutch rule.

How does the speaker describe the old KUHP in terms of its relevance?

The old KUHP is described as outdated and akin to worn-out clothing that had been patched up over time. It no longer met the needs of modern Indonesian society and needed to be replaced.

What are the four main reasons, as provided by legal experts, for updating the KUHP?

The four reasons are: 1) Political reasons, reflecting national pride and independence, 2) Sociological reasons, ensuring that the law aligns with Indonesian societal values, 3) Practical reasons, addressing issues like outdated language (Dutch), and 4) Adaptive reasons, ensuring the law keeps pace with global developments such as international crimes.

What are some examples of global crimes mentioned in the discussion?

Examples include international crimes such as terrorism, human trafficking, money laundering, and the illicit drug trade.

What does the speaker mean by 'nationalizing' colonial laws?

Nationalizing colonial laws means adapting and replacing colonial-era laws with legal frameworks that reflect the values and sovereignty of an independent nation like Indonesia, grounded in Pancasila.