IDNAround – Check out a number of markets in the draft of Criminal Code (RKUHP) which are considered harmful and detrimental to certain groups. The RKUHP could easily criminally ensnare groups opposed to the government and state officials.
The discussion of the draft bill between the government and the House of Representatives (DPR) also includes a number of rubber articles that are considered multi-interpretation. Moreover, the latest draft of the discussion of the RKUHP after the Hearing Meeting (RDP) between the Ministry of Law and Human Rights (Kemenkumham) and Commission III of the DPR on May 25, 2022, was not opened.
The draft of RKUHP that is currently circulating is the 2019 version which was then to be passed and triggered massive protests from civil society and students. Until now, the Ministry of Law and Human Rights and the House of Representatives have reasoned that the latest draft bill is still in the stage of being refined.
“For the latest draft, we have not been able to publish it because it is still in the level of drafting and refining. We can only submit the draft if the government and the House of Representatives have agreed,” said the Head of the Public Relations Section of the Ministry of Law and Human Rights, Tubagus Erif Faturahman on Monday (June 20, 2022).
“For the draft criminal code bill, what we can convey to the public is the draft of the Criminal Code Bill in 2019 which was not passed,” he said.
Meanwhile, Member of Commission III of the House of Representatives Arsul Sani requested that all parties not accuse the government and the House of Representatives of being closed because they have not yet opened the RKUHP draft.
Arsul stated that the RKUHP draft is still in the hands of the government which is making improvements and improvements to the RKUHP draft in 2019 which was almost passed.
“So if it’s okay, then the government, especially and the DPR, are accused of not being open, because they are not ready, you know,” said Arsul at the Parliament Complex, Jakarta, on Monday (June 20, 2022).
Arsul said that the RKUHP draft will be opened to the public after the government submits the draft to the DPR because the RKUHP is a bill proposed by the government initiative.
“Once the government has delivered, for example, the Minister of Law on behalf of the President conveyed to the leadership of the House, it will definitely be open to the draft,” the PPP politician said.
The following are some of the rubber articles found in the 2019 version of the draft bill:
1. Article of Attacking The Dignity of The President and Vice President
The question of attacks on the dignity and dignity of the President and Vice President is contained in Article 217 to 220 of the draft 2019 version of the Criminal Code. The government proposes that the provisions for the criminal act of assaulting the dignity and dignity of the president and vice president in Article 218 Paragraph (1) of the Criminal Code are complaints with a maximum penalty of 3.5 years in prison.
“Regarding the attack on the dignity and dignity of the president and vice president, so we explained that this is a change from an offense that was a normal offense to a complaint,” said Deputy Minister of Law and Human Rights Edward Omar Sharif Hiariej in the RDP with Commission III of the House of Representatives on May 25, 2022.
Edward, who is often called Eddy, said that the government did not want to revive the presidential contempt article that had been overturned by the Constitutional Court (MK) through decision Number 031-022/PUU-IV/2006. Eddy explained that the article in the RKUHP is different from the article repealed by the Constitutional Court.
“So in no way do we raise the article that has been turned off by the Constitutional Court, it is different. If what is turned off by the Constitutional Court is an ordinary offense, while what is in the Criminal Code Bill is a complaint,” eddy said.
The RKUHP draft has also added an explanation that complaints about the article must be made directly by the president and vice president in writing.
“We added that the complaint was made in writing by the president or vice president. And there is also an exception not to prosecute if this is in the public interest,” he added.
2. Article of Government Contempt
Contempt of government is provided for in Article 240 and Article 241 of the RKUHP draft 2019. In Article 240, any person who insults the legitimate government and results in riots shall be punished with a maximum imprisonment of 3 (three) years or a maximum fine of Category IV.
Meanwhile, in Article 241, any person who disseminates material containing contempt of the legitimate government through information technology means is threatened with a maximum imprisonment of 4 (four) years or a maximum fine of Category V.
3. Article of Incitement Against The General Ruler
It is contained in Article 246 and Article 247 of the draft 2019 RKUHP. In Article 246, any person who incites to fight the general authorities with criminal acts or violence through oral and written is threatened with imprisonment for a maximum of 4 (four) years or a maximum fine of Category V.
Then in Article 247 it is stated, any person who disseminates incitement to commit a criminal act or against the general authorities with violence through images, writings, recordings, and information technology facilities is threatened with a maximum imprisonment of 4 (four) years 6 (six) months or a maximum fine of Category V.
4. Article of Contempt for General Powers and State Institutions
Article 353 of the 2019 draft bill states that contempt of general power or state institutions is punishable by imprisonment of 1 year and 6 months. Meanwhile, article 354 of the RKUHP draft states that anyone who deliberately disseminates material containing insults to the government through information technology means is threatened with imprisonment for 2 years.
5. Article of Living Law
Article 2 paragraph (1) and article 598 in the RKUHP draft 2019 are regulated regarding the laws that live in society. According to the article, people can be punished if they violate the applicable laws in an area. It is feared that this article will give rise to the potential for criminalization.
6. Article of Kebo Gathering (Cohabitation)
The government also proposed revoking a provision in the old draft bill that stipulated that couples living without marital status (cohabitation or cohabitation) could be punished on the complaint of the village head.
“Regarding cohabitation, the provisions of this article are complaints. The government proposes to remove the provision for the village head to file a complaint because if the village head can complain, it means that he is no longer a complaint,” eddy said.
Based on the document entitled ‘Crucial Issues of the Criminal Code Bill’ released by the Ministry of Law and Human Rights, the RKUHP will regulate the practice of cohabitation can only be processed by law on husband or wife complaints for people who are bound by marriage; or a parent or child for a person who is not bound by the guardianship.
This is stated in the provisions contained in Article 418 Paragraph (2) of the RKUHP draft.
“It is formulated as a complaint and the complaint is limited to only being filed by the people most affected,” the government statement reads in the document.
7. Article of Broadcasting Fake News
Article 262 of the 2019 draft criminal code states that everyone who disseminates fake news is sentenced to imprisonment for 4 years in prison. In addition, article 263 states that those who broadcast uncertain, exaggerated news and can cause chaos in the community are threatened with a maximum prison sentence of 2 years.
8. Article of Court Contempt
The bill is regulated in Article 281 of the 2019 draft bill. The article states that a person who does not behave disrespectfully or does not side with a judge is threatened with imprisonment for 1 year.
Then, a person who if he records and publishes something that is considered to affect the independence of the judge in court is also threatened with a prison sentence of 1 year.
9. Article of Religious Contempt
Article 304 of the Criminal Code states that any person who commits blasphemy in public is threatened with imprisonment for 5 years.
10. Article of Defamation
Article 440 of the Criminal Code states that any person who commits defamation is threatened with imprisonment for 9 to 1 year and 6 months in prison.
Those are the dangerous articles in the RKUHP draft that should not be allowed to pass it unattended. Articles, including contempt of government etc. can kill democracy and critical efforts against government policies.
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