Criminal procedure bill debated soon: Oetojo
JAKARTA (JP): Minister of Justice Oetojo Oesman said yesterday that the government would take pains to ensure that the bill on criminal procedure was debated soon by the House of Representatives.
The bill is intended to replace the Criminal Code, which dates back to Dutch colonial times.
Oetojo said the government was hopeful that the bill could be submitted soon after the new House members assume their positions in October.
"The present House's remaining tenure is too short for passing such a bill. God willing, we will file it in the next term," said Oetojo.
He declined to provide a specific timeframe for the bill's deliberation.
Indonesia's current Criminal Code was enacted in 1946. Critics say it is basically a translation of a Dutch colonial statute entitled Wat boek van Strafrecht, which was enacted in 19th century.
In the intervening 51 years, the Criminal Code has never been amended. The code lacks provisions in relation to several crimes, including marital rape, torture and hi-tech fraud. Its shortcomings have prompted the government to introduce additional laws, such as the controversial 1963 Subversion Law.
After 12 years of work on the bill, a panel of experts appointed by the Agency for the Development of National Laws completed the draft of the new Criminal Code in 1993. The bill contains more than 600 articles, including provisions relating to subversion and sophisticated crimes.
The government, however, apparently intends to make major changes to the contents of the experts' draft. Legal expert Harkristuti Harkrisnowo told The Jakarta Post earlier this month that the draft had been altered to such an extent that the drafters could no longer recognize their work.
"The 1993 draft was a resolution drawn up the team of experts. The articles were still open for improvement. The government feels that it should be enriched with customary laws," Oetojo said.
Oetojo said that the government was still striving to polish the draft further. "We are now in the final stage. We just need to give it some finishing touches," he said.
He added that the government had involved the team of experts in revising the draft law. "We have always involved them," he said.
However, legal observer Mardjono Reksodiputro of the University of Indonesia told The Jakarta Post in a separate interview that he had never been formally informed about the alterations.
"I know they have changed it," he said. "Even some of the key articles even were altered. But, after 1993, I have never been formally contacted again."
He explained that after the panel was dissolved, members who came from the university were no longer involved in the process. "But I think members from the Ministry of Justice continue to be in the team," he added. (35)