The ongoing efforts to revise and refine Indonesia’s Criminal Code (RKUHP) have taken center stage, with Deputy Minister of Law and Human Rights, Edward Omar Sharif Hiariej, emphasizing the significance of inclusivity and diverse perspectives in the drafting process. Hiariej’s call for a collaborative approach resonates with the complex socio-cultural fabric of Indonesia, a nation characterized by its rich diversity, comprising multiple ethnicities, religions, and cultural practices.
During a recent public dialogue on the RKUHP, streamed live on the Ministry of Communication and Information’s YouTube channel, Hiariej underscored the necessity of incorporating inputs from a broad spectrum of disciplines and societal perspectives. He stressed that the development of the criminal code must not remain confined within the realms of legal expertise alone but must be informed by a comprehensive understanding of the societal nuances and the diverse needs of the Indonesian populace.
President Joko Widodo’s directive to involve the public in the RKUHP formulation process echoes the administration’s commitment to fostering a sense of collective ownership and responsibility among Indonesian citizens. By encouraging active participation and engagement, the government aims to cultivate a deeper understanding of the RKUHP’s implications, encouraging citizens to contribute to the shaping of a legal framework that reflects their collective values and aspirations.
Amid the complexities of the RKUHP drafting process, one of the primary challenges highlighted by Hiariej revolves around reconciling the divergent viewpoints and proposals on various contentious issues. He elucidated the case of the regulation of cohabitation and fornication, citing the differing perspectives across different provinces in Indonesia. While some provinces consider these matters as private and beyond the purview of legal regulation, others view them as conflicting with religious norms, necessitating their inclusion in the criminal code.
To address these discrepancies, Hiariej emphasized the critical role of soliciting extensive public input and engagement. By actively seeking diverse perspectives and fostering open dialogue, the RKUHP formulation team endeavors to strike a balance that accommodates the diverse cultural, religious, and social dynamics prevalent across Indonesia’s archipelago. The intention is to ensure that the revised criminal code not only aligns with legal principles but also reflects the pluralistic nature of Indonesian society, promoting inclusivity and safeguarding the rights and values of all its citizens.
The complexity of formulating the RKUHP lies in navigating the intricate tapestry of Indonesia’s multi-ethnic and multi-religious society. Hiariej’s emphasis on the need for a comprehensive approach highlights the government’s commitment to crafting a legal framework that is both inclusive and responsive to the diverse needs and sensitivities of its citizens. By fostering a collaborative environment that welcomes diverse viewpoints and encourages constructive dialogue, the government aims to cultivate a culture of transparency and accountability in the formulation of the RKUHP, thereby ensuring that the revised criminal code reflects the principles of justice, equity, and respect for human rights.
The participatory approach to the RKUHP’s development is a testament to Indonesia’s commitment to upholding democratic values and principles. By prioritizing public engagement and soliciting inputs from various stakeholders, the government aims to create a legal framework that not only addresses the complexities of the contemporary Indonesian society but also promotes social harmony and the protection of individual freedoms. As the nation continues its journey toward a more inclusive and equitable legal system, the significance of a collaborative and participatory approach cannot be understated, highlighting the government’s commitment to fostering a society that values diversity, equality, and the rule of law.