Experts say criminal bill fails to protect basic rights<\/p>\n
Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta<\/p>\n
Legal experts have criticized the Criminal Code bill,
\ncurrently in the final stages of discussion before being
\nsubmitted to the House of Representatives next month for
\ndeliberation, for not adequately accommodating articles on the
\npromotion of human rights.<\/p>\n
Legal expert Abdul Hakim Garuda Nusantara said that even
\nthough the bill, which had taken 20 years to prepare, had adopted
\ninternational conventions concerning human rights such as torture
\nand genocide, there were still loopholes that may lead to
\narbitrary prosecution.<\/p>\n
\"The team in charge of drafting the bill should think over how
\nto avoid the possibility of exploitation in making arrests and
\nsentencing,\" he told a discussion held to examine the bill by the
\nInstitute for Policy Research and Advocacy (Elsam).<\/p>\n
Abdul Hakim pointed out some of the 647 articles in the bill
\nthat needed revising, including Article 193 to Article 197 on
\narrests of those who spread Communist, Marxist and Leninist
\npropaganda.<\/p>\n
The others are Article 224 to Article 227 on the attacks on
\nthe personal dignity of the President and Vice President.<\/p>\n
\"The articles fail to promote people's basic civil and
\npolitical rights. It gives the opportunity for aimless
\ninterpretation of political ideas that they may be detrimental to
\nthe people.<\/p>\n
Abdul Hakim also pointed to Article 249 on the arrests of
\npeople for expressing hostility toward others due to differences
\nin race, ethnicity or religion.<\/p>\n
He questioned the reasons for not inserting political
\npositions in the article since currently there are many conflicts
\nbetween certain groups in the country caused by differences in
\ntheir political views.<\/p>\n
\"Should we tolerate all this by not including hostility toward
\nanother political group as a crime? If we do, I'm pessimistic
\nabout the future of our democracy,\" he contended.<\/p>\n
Abdul Hakim and former minister of justice Muladi, who is one
\nof the draft team members and a speaker in the discussion, agreed
\nthat there should be gradual deliberation on the bill due to its
\ncomplexity to enable the House of Representatives to thoroughly
\nstudy each article.<\/p>\n
The drafting of the Criminal Code started in March 1981 and
\nlegal experts handed the first draft to the Ministry of Justice
\nin 1993. The first team leader Sudarto died in 1986, while his
\nsuccessor Roeslan Saleh died in 1988. Legal consultant to the
\nteam, Oemar Seno Adjie, died in 1991.<\/p>\n
The most recent team leader was Mardjono Reksodiputro until
\nthe drafting was taken over by the Ministry of Justice under a
\nteam established by the directorate of legislation. The content
\nof the bill was made publicly known at the end of last year.<\/p>\n
Muladi explained that the reformation of the existing Criminal
\nCode was a tough job because it had to include as many crimes as
\npossible that take place in the modern world.<\/p>\n
\"But it doesn't mean that we should criminalize all aspects of
\nlife, so that there is the threat of being sentenced within
\neverything we do. That only shows that ours is a sick society,\"
\nhe added.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/experts-say-criminal-bill-fails-to-protect-basic-rights-1447893297",
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