DPR member: Independence must be increasingly felt in the legal system
Jakarta (ANTARA) - House of Representatives Commission III member Bimantoro Wiyono has said that the momentum of the 81st Anniversary of the Independence of the Republic of Indonesia should serve as a reminder that the spirit of independence must be increasingly felt in Indonesia’s legal system.
He said that the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) must become an important momentum to bring Indonesia’s criminal law system towards a more humanistic and just paradigm, and one that is stronger in protecting citizens’ rights.
“The state must be firm against crime, but the state must also ensure that the power of law enforcement does not strip away the rights and dignity of citizens,” Bimantoro said in Jakarta on Monday.
According to him, 81 years of Indonesian independence should not be interpreted merely as the nation’s freedom from colonialism. Independence, he said, must also be tangibly present in the life of every citizen, namely freedom from fear, freedom from arbitrariness, and the right to fair and dignified legal treatment.
Regarding the legal system, he also assessed that the major change that must be built is not only a change of articles, but also a change in the paradigm of law enforcement officers. Criminal law is not solely oriented towards punishment, but towards justice, restoration, protection of society, and respect for human dignity.
As a lawmaker, he said that the spirit of the new national criminal law must place punishment proportionally. Not every problem, he said, must end in imprisonment if the goal of justice can be achieved through other lawful and more beneficial mechanisms.
He assessed that the principle of ultimum remedium, which uses criminal punishment as a last resort, must be increasingly reflected in law enforcement practice. This is because, he said, the measure of legal success is not how many people are imprisoned.
“The measure is the extent to which the law is able to deliver justice, protect society, restore victims, and at the same time prevent the recurrence of criminal acts,” he said.
Recording, he said, not only provides protection to members of the public being examined, but also protects law enforcement officers who have carried out their duties professionally from false accusations.
“If the examination process is carried out correctly, professionally and in accordance with the law, then transparency should not be feared. Cameras are not the enemy of officers. Cameras can actually serve as witnesses that officers have worked correctly,” he said.
Therefore, he assessed that independence does not stop at the Indonesian nation’s liberation from colonialism. Independence must be realised through the presence of a state that provides legal certainty, justice, protection of human rights, and protection from arbitrary actions to all citizens.
“A strong rule-of-law state is not one whose officers can act without limits. A strong rule-of-law state is one that is able to enforce the law firmly, but at the same time is able to limit its own power in order to protect the rights of its citizens,” he said.