RKUHP May Weaken Law Enforcers in Fighting Specific Crimes

Friday, 16 June 2017 , 16:00:00 WIB - Law

Law and Human Rights Minister Yasonna Laoly (middle), Deputy Chairman of KPK Laode Muhammad Syarif (left), and the Chief of the National Narcotics Agency (BNN) Budi Waseso (right) are seen having a work meeting with the House´s Commission III at the Parliament Complex, Senayan, Jakarta, Tuesday (30/5). (ANTARA)

JAKARTA, GRES.NEWS – Based on the result of the Criminal Dode Draft (RKUHP) Work Committee meeting held on June 13, 2017, the arrangement of RKUHP would be finished soon. The work committee has instructed the formulation team and synchronization team to work immediately to finish the RKUHP arrangement. However, the meeting result arises some issues, especially the implication of included specific crimes into the Criminal Code.

Institute for Criminal Justice Reform (ICJR) considers that the regulations about specific crimes that in the RKUHP would arise some issues. "Five specific crimes have to be paid attention, which is the misuse of narcotics and psychotropic, terrorism, serious human rights violation, corruption, and money-laundering," said the Executive Director of ICJR, Supriyadi W Eddyono, to gres.news, Friday (16/6).

Supriyadi asserts that ICJR and the National Alliance of KUHP Reform (Aliansi KUHP) disagree with the regulations about specific crimes in the RKUHP arrangement. ICJR and Aliansi KUHP consider that the RKUHP didn’t adopt the Articles on specific crimes accurately, there are many changed regulations about specific crimes in the RKUHP.

"The point is regulations about specific crimes are forced to be included with an imperfect adoption. On top of that, a different approach like Law on Narcotics should pay more attention to the public health instead of crime. It would be ambiguous, and cause a conflict between RKUHP and legal instruments that also contain regulations about specific crimes," Supriyadi explained.

Therefore, he said that ICJR encourages all state institutions, such as the National Commission on Human Rights (Komnas HAM), the National Counterterrorism Agency (BNPT), and the Financial Transactions Report and Analysis Center (PPATK), to respond to the RKUHP and save the future of law enforcement against specific crimes. The position and recommendations of the agencies are important to be listened by the RKUHP arrangement team. Besides that, the codification model indicates that the existence of Transition Bill on new Criminal Code (KUHP) implementation is required, which hasn’t been issued by the government until today.

"Without the existence of the KUHP Transition Bill, the codification of KUHP would face serious issues in the future," he said.

ICJR is worried that the regulations about genocide and crimes against humanity in the RKUHP would weaken the gravity of the crimes. Genocide and crimes against humanity are considered as extraordinary crimes and international crimes that violate the Jus Cogens and Erga Omnes, which are the highest norms of the international law that override other norms. All countries are obliged to prosecute the specific crimes.

"As a consequence, the principles and law doctrines show the existence of different general principles implementation to guarantee an effective prosecution of the serious crimes," Supriyadi said.

Therefore, he said that including the regulations about specific crimes to the current formula in the Criminal Code Draft (RKUHP) and approving it would weaken the general principles and law enforcers in fighting crimes against humanity.

Supriyadi states that regulations about specific crimes mustn’t be included to the RKUHP. Meanwhile, to completely revise the formulation and accommodation of special principles that would make the prosecution of genocide and crimes against humanity more effective, an amendment of Law No.26/2000 is required. (mag)