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104 Years of The Republic of Indonesia Using Dutch Law, When Will the New Criminal Code Take Effect?

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104 Years of The Republic of Indonesia Using Dutch Law, When Will the New Criminal Code Take Effect?​


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Foto: REUTERS/WILLY KURNIAWAN

NEWS - Ferry Sandi, CNBC Indonesia
08 December 2022 17:35


Jakarta, CNBC Indonesia - The Draft Law (RUU) of the Criminal Code (KUHP) has been passed into law (UU) in the plenary meeting of the House of Representatives of the Republic of Indonesia, Tuesday (6/12/2022).

Despite the polemics that emerged, to the point of triggering an international backlash, when did this Law take effect?

Quoting the final draft of the Criminal Code Bill version of December 6, 2022, article 624 stipulates, "This Law is valid after 3 years from the time it is promulgated."

In the preceding article, section 621 stipulates, "The Implementing Regulations of this Act shall be enacted not later than 2 years from the time this Act is promulgated."

Furthermore, this law is referred to as the Criminal Code as stipulated in article 623.

"When this Act comes into force, any Act and Local Regulation containing criminal provisions shall conform to the provisions of the First Book of this Act," reads section 613 subsection (1), where this provision is governed by the Act.

Historical​

Minister of Law and Human Rights Yasonna H Laoly said that the passage of the Criminal Code Bill is a history in the implementation of criminal law in Indonesia.

Indonesia, he said, has been using the Dutch product penal code for many years, and finally now has its own criminal code.

Yasonna said that this Dutch product is no longer relevant to the conditions and needs of criminal law in Indonesia.

"We should be proud because we managed to have our own Criminal Code, not made by other countries. If calculated from the entry into force of the Dutch Criminal Code in Indonesia in 1918, it has been 104 years until now," said Yasonna as quoted from the official website of the DPR, Thursday (8/12/2022).

"Indonesia itself has formulated criminal law updates since 1963. Dutch products are no longer relevant to Indonesia. Meanwhile, the Criminal Code Bill has been very reformative, progressive, and responsive to the situation in Indonesia," concluded Yasonna.



(dce/dce)

 
People that is incremental in making this law can be seen on this CNBC Indonesia news. Any way, law is not static, it is not part of constitution that is difficult to change.

 

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