- Despite protests being voiced by various sections of the general public, Indonesia’s House of Representatives (Dewan Perwakilan Rakyat – “DPR”) has just approved the Bill on the Criminal Law Code (“Bill”), which features a total of 624 articles spread across 37 chapters. In response to the Bill’s passing, the DPR’s Vice Chairman, Sufmi Dasco Ahmad, has affirmed that all of the house factions had previously presented their remarks regarding the Bill and that a consensus has been reached regarding the passing of the Bill during the first level of deliberations between Commission III at the DPR and the government.
- The Chairman of Commission III at the DPR, Bambang Wuriyanto, has claimed that deliberations of the Bill were highly transparent and that, as a consequence, the Bill has now incorporated numerous aspirations and inputs solicited from the general public. Furthermore, Mr. Wuriyanto has also conveyed the urgent need to pass the Bill, under which the prevailing criminal sanctions paradigm has now been shifted from simple deterrence and various retaliatory processes to also incorporating a more restorative sense of justice.
- Indonesia’s Minister of Law and Human Rights, Yasonna Hamonangan Laoly, has stated that the drafting of the national codification on the Bill is ultimately being aimed at replacing the colonial-era legal framework of the now century-old Criminal Law Code (“KUHP”). In this regard, provisions originally set under the KUHP (also known as Wetboek van Strafrecht in the Netherlands) have been significantly improved upon for the first time since Indonesian independence.
- Mr. Laoly has also announced several of the adjustments that have now been introduced under the Bill, which include: 1) Primary sanctions will not be limited to terms of imprisonment and fines; 2) The death sentence has now been excluded from the primary sanctions classification; 3) The imposition of terms of imprisonment has been reformed so that this is now the sanction of last resort under certain conditions; 4) A double-track system has now been introduced through additional sanctions that take the form of various measures; and 5) Relevant stakeholders may now be held liable for corporate crimes.
- For more on this story, see Hukumonline: “Tok! RUU KUHP Resmi Jadi KUHP Nasional”.
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