Otto: Success of New Criminal Code Implementation Depends on Public Adaptation

Bandarlampung, Lampung (ANTARA) - Deputy Coordinating Minister for Law, Human Rights, Immigration and Corrections Otto Hasibuan has said that the successful implementation of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) depends on how society and law enforcers adapt to and interpret the underlying paradigm.

“Success on the ground regarding the KUHP and KUHAP is determined not only by the substance of the rules that have been made, but also by the ability of society and law enforcement officials to adapt to the new paradigm brought by these regulations,” Otto said when asked for comment in Bandarlampung, Lampung, on Thursday.

According to him, understanding the new paradigm is an important factor to prevent misunderstandings in the implementation and acceptance of the KUHP and KUHAP within society.

“We must look at how well society and law enforcers adapt to the KUHP and KUHAP. If the KUHP is taught article by article, but the paradigm behind it is not conveyed to the public, I am worried people will not understand it and will ultimately misinterpret the KUHP,” he said.

Therefore, he continued, the government has a responsibility to provide broad education about the change in the national criminal law paradigm so that the public understands the direction of the reform currently under way.

“That said, society also needs to adapt to these changes because the national Criminal Code has left behind the old paradigm oriented towards revenge and has shifted to an approach that prioritises corrective, rehabilitative and restorative aspects,” he said.

Otto emphasised that if this paradigm shift is not understood comprehensively, the public’s way of thinking will remain as before, namely seeing the law solely as an instrument of revenge.

“If the mindset does not change, then the presumption of guilt will still be applied. In fact, the foundation now is the principle of the presumption of innocence. That is why synergy between the government and society is important in supporting the implementation of the National Criminal Code in the field,” he said.

According to him, the government is obliged to socialise the new KUHP paradigm to the public, law enforcement officials and all elements of government. Meanwhile, society needs to open itself to understanding and adapting to these changes.

“In addition, changing our legal culture is the main challenge in implementing this new KUHP and KUHAP. So, no matter how well the Criminal Code has been drafted, if the legal culture does not change, the goals of the criminal law reform will not be achieved,” he said.