President Jokowi Chairs Limited Meeting on Criminal Code Bill

Minister of Home Affairs Tito Karnavian, Deputy Minister of Law and Human Rights Eddy Hiariej, and Marcus Priyo Gunarto deliver press statement after attending a Limited Meeting in Jakarta, Monday (11/28). (Photo: Rahmat/PR)

President Joko “Jokowi” Widodo chaired a limited meeting on the progress of the Criminal Code Bill (RUU KUHP) which had been agreed by the House of Representatives (DPR) and the government at the level I plenary meeting.

Minister of Home Affairs Tito Karnavian in his statement after attending the meeting at the President’s Office, Jakarta, Monday (11/28) said that a number of issues in the RKUHP had been agreed.

“There are materials that are being debated both within the public and between parties too, but a number of issues have been agreed upon and have also been coordinated to find a balance between individual interests, community interests, and also the interests of the state,” said Tito.

Meanwhile, Deputy Minister of Law and Human Rights Edward Omar Sharif Hiariej said that the DPR provided a number of inputs regarding the RKUHP which was contained in the problem inventory list (DIM). According to him, several points in the DIM have gone through a discussion process between the Government and the DPR, and have been approved in the first-level agreement to be included in the RKUHP.

“Members of the ICJR [Institute for Criminal Justice Reform] who are also members of the civil society coalition are very active in conducting discussions with the Government, as well as with factions in the DPR, so that there are several points which we then include in the RKUHP and have been approved in the first-level agreement,” said Eddy.

A number of points have been discussed and have undergone changes, starting from living law in society, death penalty, to defamation. Regarding death penalty, Eddy said that in the new RKUHP, death penalty is imposed alternatively with a probationary period.

“This means that the judge cannot immediately impose a death sentence, but with a 10-year probation. If within a period of 10 years the convict behaves well, then the death penalty is changed to life imprisonment or 20 years imprisonment,” he continued.

Then, the Government also added Article 240 of the RKUHP regarding insulting the government with a number of restrictions. The insult to the Government in this article is limited to the presidential institution, while the insult to state institutions is limited to the legislative bodies, namely the DPR, the People’s Consultative Assembly (MPR) and the Regional House of Representatives (DPD), as well as the judiciary, namely the Constitutional Court and the Supreme Court.

“Both in the elucidation of articles related to the President’s dignity, as well as insults to the Government and state institutions, we provide the strictest possible explanation that distinguishes between insults and criticism,” said Eddy.

In the RKUHP, the Government also removed articles related to defamation and insults contained in the Information and Electronic Transactions Law (UU ITE). Eddy expressed hope that by including the provisions of the ITE Law in the RKUHP, the disparity in decisions can be minimized.

“To avoid disparities and gaps, we include the provisions in the ITE law in the RKUHP, of course with adjustments, by revoking the criminal provisions, especially articles 27 and 28 contained in the ITE Law,” concluded Eddy. (RF/UN) (EST/MMB)