"In the context of the law, it must be adaptive to the dynamics of this era, so the government is preparing a Draft Law (RUU) for the Criminal Code (KUHP), which is expected to be completed and ratified this year," Deputy Minister of Law and Human Rights, Edward Omar Sharif Hiarej, said while giving a public lecture at the Faculty of Law, University of Jember, East Java, on Thursday.
The lecture themed “Criminal Law Reform in Indonesia” was attended by the rector, vice rector, dean, and deputy dean of the Faculty of Law, lecturers, and students at the Multipurpose Building of the Faculty of Law, University of Jember.
According to Hiarej, the legal system in Indonesia has always been connected to other systems, such as religious, social, economic, customs, and political systems; thus, it is not easy to formulate a Draft Criminal Code, especially in Indonesia, which encompasses a variety of beliefs, ethnic groups, and cultures.
"There will always be (different) interests in the process. Take the Netherlands, for example, which was only able to complete the Criminal Code after 70 years, even though the Netherlands is a relatively homogeneous country in terms of religion, society, economy, customs, and politics," he pointed out.
Legal studies are quite broad: their scope includes babies that are still in the womb to people who have died, all of whom are regulated by law, and the law is also an open system created from other subsystems, he said.
"The law is also related to other systems such as religion, social, economic, and political. We realize that if there is controversy during the process of making the Draft of the Criminal Code Bill, it is normal since it is impossible for the Criminal Code Bill to satisfy (everyone)," he added.
He gave the example of an Article discussing blasphemy in the Criminal Code Bill, which received criticism from some people. In other countries, such as the Netherlands, acts of blasphemy are also covered in regulations.
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“Initially, the Netherlands abolished the blasphemy article, but in 1983 it was reinstated after a persecution against certain religious groups and minorities in the Netherlands happened," he informed.
As for customary law or “the Living Law” in the Draft Criminal Code, many have criticized the Article on customary law arising from Indonesia’s multi-ethnic identity, which is still followed by many people, such as in Bali and Papua.
"However, that does not mean that we will re-enact the customary courts. Customary law will also become the last resort if there are no criminal articles which regulate (the matter), and even then, (it would be conducted) through the existing state courts," Hiarej clarified.
Related news: Passage of Criminal Code Bill postponed indefinitely: House Speaker
Translator: Zumrotun S, Mecca Yumna
Editor: Rahmad Nasution
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