Revision needed of 'repressive' articles<\/p>\n
Ahmad Junaidi, The Jakarta Post, Jakarta<\/p>\n
The planned revision of the Criminal Code (KUHP) should focus on
\nrepressive articles and outdated laws, instead of criminalizing
\nprivate matters, experts said.<\/p>\n
Director of the Center for Legal and Policy Studies of the
\nUniversity of Indonesia Bivitri Susanti proposed the revocation
\nof repressive articles which deal mostly with defamation of state
\nofficials, articles which have recently been used to charge the
\npress.<\/p>\n
"The articles were introduced by the Dutch colonial government
\nto restrict any struggle for independence. In their country of
\norigin, the Netherlands, those articles have been revoked,"
\nBivitri told The Jakarta Post on Wednesday.<\/p>\n
She was referring to Articles 134 and 137 on defamation of the
\npresident and vice president, Article 160 on inciting hatred
\nagainst the authorities and Articles 310 to 321 on libel.<\/p>\n
Under the libel article, the South Jakarta District Court
\nsentenced Rakyat Merdeka daily chief editor Karim Paputungan last
\nmonth to five months in prison with 10 months probation for
\nprinting a caricature deemed insulting to House of
\nRepresentatives Speaker Akbar Tandjung.<\/p>\n
The daily's executive editor Supratman is currently facing a
\none year prison sentence on charges of defaming President
\nMegawati Soekarnoputri in several articles published by the
\ndaily.<\/p>\n
Invoking libel articles, prosecutors also brought Tempo news
\nmagazine chief editor Bambang Harymurti and two journalists to
\ncourt for defaming businessman Tomy Winata and allegedly
\ncirculating lies in the magazine's coverage of the fire in Tanah
\nAbang market in Central Jakarta in February of this year.<\/p>\n
Besides the repressive articles, Bivitri said the Criminal
\nCode failed to criminalize domestic violence of which women and
\nchildren are the victims.<\/p>\n
She said many cases of domestic violence were swept under the
\ncarpet, settled out of court or ended up with the courts giving
\nlenient sentences as the cases were considered "family matters".<\/p>\n
Furthermore, she said many articles in the code carried
\nmaximum sentences that are "too light", making them too weak to
\nbe a deterrent. Citing an example, she said the code stipulates
\nthat premeditated murder carries a maximum sentence of 20 years,
\nwhile in many Western countries convicted murderers receive a
\nsentence of up to 50 years.<\/p>\n
The government faces growing criticism for drafting a revision
\nto the Criminal Code which criminalizes black magic and private
\nmatters related to sex, including oral sex, cohabitation,
\nmasturbation and sodomy.<\/p>\n
The critics also lashed out at the government for admitting
\nthat the revision was a move to accommodate the interests of
\ncertain Muslim groups who have been demanding the implementation
\nof sharia.<\/p>\n
Minister of Justice and Human Rights Yusril Ihza Mahendra, who
\nsponsored the revision, chairs the Crescent Star Party (PBB)
\nwhich has long fought for the adoption of sharia.<\/p>\n
Another legal expert from the University of Indonesia, Topo
\nSantoso, agreed with Bivitri, saying the revocation of the
\nrepressive articles was needed because Indonesia had enacted
\nseparate laws that practically annulled the articles.<\/p>\n
"Articles dealing with defamation and general elections in the
\ncode, for example, should be revoked," Topo told the Post.<\/p>\n
He said the code's articles in relation to the media were no
\nlonger needed due to the presence of Law No. 40\/1999 on the
\nmedia. Likewise articles on general elections were obsolete after
\nthe enforcement of Law No. 12\/2003 on general elections.<\/p>\n
Apart from the repressive articles and lenient punishment for
\ncertain crimes, basic principles in the code have their origin in
\nthe criminal code applied by the Dutch colonial government dating
\nback to 1915.<\/p>\n
"The principles are no longer relevant to the current era, so
\nthe review should be made along these lines," Topo said.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/revision-needed-of-repressive-articles-1447893297",
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"sponsor": "Okusi Associates",
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