Aligning Law Enforcement Officers’ Perception of the New Criminal Code

Aug 9, 2023

Denpasar - After being passed into law, the government's efforts to reform the national criminal law are not yet complete. The government needs to prepare for the enactment of the Criminal Code (KUHP) which will come into effect on 2 January 2026, especially in aligning the perceptions of Law Enforcement Officers (LEO). The Minister of Law and Human Rights (Menkumham), Yasonna H. Laoly, said that the role of LEO is significant in law enforcement practices, because they will be the spearheads in implementing the Criminal Code. "The alignment of views and understanding of LEO is important, because they will be the forefronts in implementing the Criminal Code in law enforcement practices," said Yasonna during the Dissemination of Law Number 1 of 2023 on the Criminal Code, Wednesday (09/08/2023). The dissemination of the Criminal Code Law carried out by the Ministry of Law and Human Rights (Kemenkumham) for LEO throughout Indonesia is very important in addressing differences in understanding and opinion in the regulations of the Law on Criminal Code. "This is definitely a positive contribution, which needs to be addressed by conducting a comprehensive and thorough discussion between all stakeholders, especially academics, practitioners, and experts in the field of criminal law," said Laoly at The Trans Resort Bali. Yasonna said this effort was carried out so that the implementation and application of the Law on Criminal Code can be carried out in accordance with legal principles, criminal law principles, and the objectives and principles of criminal law reform. Differences in views, opinions, and understanding do not only occur among law enforcement officers. Long before the Criminal Code Law was passed, these differences had even begun between those supported and those opposed the ratification of the Law on Criminal Code. These differences include regulations regarding living law in society, the death penalty, and special crimes. "The journey of forming the Law on Criminal Code did not always run smoothly. Pros and cons were voiced by various groups in society, ranging from students, community organizations, government agencies, and international organizations," said Yasonna. Prior to this dissemination, Kemenkumham had successfully held public discussions and dialogues in 2021 and 2022 to gather input from all levels of society who pay great attention to national criminal law reform. This effort was carried out by organizing Kumham Goes to Campus and continued with a National Seminar. Meanwhile, Bali Governor, Wayan Koster, said that since Indonesia's independence, many efforts have been made to adapt the colonial legacy of the Criminal Code to the development of social life in Indonesia. He said that Law Number 1 of 2023 on the Criminal Code is a very complex legal product because it contains characteristics of renewal, legal ideals, values, principles, and spirits that are in many ways different from the colonial legacy of the Criminal Code. "I congratulate Menkumham for his determination, patience, and extraordinary dynamics during the process of formulating this Law (Criminal Code). With the enactment of Law Number 1 of 2023 on the Criminal Code, we hope that it will become the foundation for building a national criminal law system in Indonesia," said Koster. Previously, the Director General of Legislation of the Ministry of Law and Human Rights, Asep Mulyana, said that the Law on Criminal Code is the culmination of the hard struggle of the Indonesian people for more than 50 years and has involved criminal law experts in its journey. "The government is obliged to ensure that all law enforcement officers can understand, implement, and disseminate the contents of the Law on Criminal Code in accordance with legal principles, criminal law principles, as well as the objectives and principles of criminal law reform contained in the Criminal Code Law. For this reason, Kemenkumham is organizing dissemination of Law No. 1 of 2023," said Asep. This dissemination activity was attended by representatives of Kemenkumham, Regional Police, Prosecutors, advocates, judges, Accredited Legal Aid Organizations (OBH), both offline and online. *Contact Person* Head of Public Relations, Law, and Cooperation Bureau, Hantor Situmorang 08128081440.

Last updated 05 December 2024