Draft Criminal Code still has nuances of colonialism: Legal expert

Kompas.com – June 25, 2022
Kitab Undang-Undang Hukum Pidana (KUHP) or Criminal code (Palupi Annisa Auliani)

Rahel Narda Chaterine, Jakarta -– Criminal law expert Suparji Ahmad from the Indonesian Al Azhar University says that the Draft Criminal Code (RUU KUHP or RKUHP) still has nuances of colonialism.

According to Ahmad, these colonial nuances can also still be seen from 14 crucial articles in the RKUHP, particularly the stipulations which regulate attacks on the values and dignity of the president and the vice president.

"In substantive terms there is a view that this [law] still has colonial nuances", said Ahmad when he appeared virtually on the show Polemic MNC Trijaya titled "Quo Vadis RKUHP” on Saturday June 25.

"In the context of making revisions to these [crucial] stipulations, this has not been fully carried out, for example the issue of insulting (the president), then for example on animals which stray onto another person's property", he added.

In addition to this, Ahmad is of the view that the substance of the RKUHP is not yet in line with the values of human rights and democracy. In specific terms, this is apparent because there are articles on freedom of express which have the potential for people to be charged with a crime.

"Now, also from the perspective of substance it still isn't in line with human rights values and democratic values, so there's still a debate on the issue of interpretation, right, dignity, who possesses this, then on the issue of bow people can be criminalised in the context of expressing a view or opinion and so on", he said.

The 14 crucial issues in the RKUHP are articles on the living law, capital punishment, attacks on the values and dignity of the president and the vice president, the criminalisation of people with spiritual powers and doctors and dentists who work without a permit.

Also of concern are articles on poultry which damage other people's gardens, contempt of court, dishonest advocates, blasphemy, animal abuse, vagrancy, exceptions for abortions for medical reasons or in cases of rape, adultery and sex outside marriage which violates religious and cultural values, cohabitation and rape within marriage.

[Translated by James Balowski. The original title of the article was "Pakar Hukum Pidana Sebut RUU KUHP Masih Bernuansa Kolonial".]

Source: https://nasional.kompas.com/read/2022/06/25/16011501/pakar-hukum-pidana-sebut-ruu-kuhp-masih-bernuansa-kolonial