Alasan KUHP Baru Diprotes, hingga Daftar Pasal Kontroversialnya

Overview

The video discusses Indonesia’s approval of the new Criminal Code draft (RKUHP) by the House of Representatives on December 6, 2022, ending a long and controversial legislative process. It explains that the RKUHP has been in development for decades, beginning with earlier legal reform efforts and becoming especially contentious after 2019 protests led by student groups and civil society. These groups demanded revisions to “problematic” provisions, arguing the draft still includes “colonial” articles that could threaten democratic freedoms.

Core Points of Controversy (12 Questioned Articles)

The video highlights 12 provisions in the revised Criminal Code that have drawn public criticism, including:

• Article 218 (insulting the government/state institutions/President): penalties of 1.5 to 4 years. Critics argue the wording is vague because the law does not define “insult,” creating room to punish—or silence—government criticism.
• Article 99 (death penalty): although labeled “death penalty,” a judge cannot impose it immediately; the defendant must first go through a 10-year probation period.
• Provisions related to “living law” and social law enforcement, including the death penalty framework in Article 99.
• Articles related to undermining Pancasila in public, cited as Article 188(1) and Article 280(1)(b), criticized for potential restrictions on public expression and respect for judicial bodies.
• Article 412 (cohabitation outside marriage): criminalizes living together as husband and wife without marriage.
• Rules seen as overlapping with the ITE Law (electronic information and transactions), suggesting possible duplication or conflict in regulating online speech or conduct.
• Demonstration-related provisions: critics focus on criminalizing protests without permission.
• Removal of retroactive elements for gross human rights violations, presented as another contested issue.
• Corporate criminal responsibility, involving articles 119 and 120.
• Corruption articles (Article 63): the video compares sentencing changes under the new code with the 2001 Anti-Corruption Law:
  • New code: 2–20 years, fines from 10 million to 2 billion rupiah
  • 2001 law comparison: 4–20 years, fines from 200 million to 1 billion rupiah
  • The video emphasizes concern that imprisonment terms are lower under the new Criminal Code.

Legal / Implementation Explanations Mentioned

Beyond the controversies, the video briefly explains how certain provisions are expected to operate:

• Death penalty cannot be imposed immediately due to the 10-year probation mechanism.
• Article 278 on law enforcement officers who “engineer cases” (penalties cited as up to 9 years or up to 2 billion rupiah in fines).
• Article 479 on mugging/snatching: if it causes death, the penalty can be death.
• Defamation and slander (Articles 433–434): maximum 4 years or maximum 200 million rupiah fine.
• Article 265 on disturbing nighttime peace: fines up to 10 million rupiah for making noise during the night.

Commentary and Critique

The video notes that supporters see the revision as progress—Indonesia finally having its own national Criminal Code after a long period—while still emphasizing that criticisms persist, particularly regarding legal certainty and alignment with democratic principles.

A highlighted critic is criminal law expert Abdul Fikar Hajar (Trisakti University), who argues:

• The Criminal Code still has problems related to legal certainty, especially regarding the “insulting the government/state institutions” article, which he views as overly broad/excessive.
• He opposes the criminalization of demonstrations, saying penalizing protests without permission is not consistent with democracy.

Timing of Effect

The revised Criminal Code is scheduled to take effect 3 years after ratification, i.e., around December 6, 2025.

Presenters / Contributors

• Abdul Fikar Hajar — Criminal law expert, Trisakti University