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

Deputy Coordinating Minister for Law, Human Rights, Immigration, and Corrections Otto Hasibuan has stated that the successful implementation of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) depends on the adaptation of the public and law enforcement in interpreting its paradigm. “Success in the field regarding the KUHP and KUHAP is not only determined by the substance of the rules that have been made, but also by the ability of the public and law enforcement officials to adapt to the new paradigm brought by these regulations,” Otto said in Bandarlampung, Lampung, on Thursday. According to him, understanding the new paradigm is an important factor in preventing misunderstandings in the application and acceptance of the KUHP and KUHAP within society. “We must see how the adaptation capabilities of the public and law enforcement are towards the KUHP and KUHAP. If the KUHP is only taught article by article, but the underlying paradigm is not conveyed to the public, I am worried that the public will not understand and will end up misunderstanding the KUHP,” he said. Therefore, he continued, the government has a responsibility to provide widespread education regarding the change in the national criminal law paradigm so that the public understands the direction of the reforms being undertaken. “The public also needs to adapt to these changes because the national KUHP has left behind the old paradigm oriented towards revenge and shifted to an approach that prioritises corrective, rehabilitative, and restorative aspects,” he said. Otto emphasised that if this paradigm shift is not thoroughly understood, the public’s way of thinking will remain the same as before, viewing law solely as a tool for revenge. “If the mindset does not change, then the presumption of guilt will still be used. In fact, the basis now is the presumption of innocence. That is why synergy between the government and the public is important in supporting the implementation of the national KUHP in the field,” he said. According to him, the government is obliged to socialise the new paradigm of the KUHP to the public, law enforcement officials, and all elements of government. Meanwhile, the public needs to open themselves up to understanding and adapting to these changes. “Furthermore, changing our legal culture is a major challenge in implementing the new KUHP and KUHAP. So, no matter how well the KUHP has been drafted, if the legal culture does not change, the objectives of criminal law reform will not be successfully achieved,” he said.