Yusril: Criminal law transition fundamentally changes orientation of sentencing
Jakarta (ANTARA) - Coordinating Minister for Legal Affairs, Human Rights, Immigration and Corrections (Menko Kumham Imipas) Yusril Ihza Mahendra said the transition of Indonesia’s criminal law system has fundamentally changed the orientation of punishment.
“We are shifting from a punishment orientation that was previously very centred on retribution towards a system that seeks to balance prevention, rehabilitation, restoration, protection of society, and respect for human dignity,” Yusril said at the 36th Presidents of Law Associations in Asia (POLA) Summit in Jakarta on Monday (7/9).
On that occasion, as confirmed in Jakarta on Tuesday, Yusril outlined his ministry’s role in stitching together synergy among law enforcement institutions, in his capacity as Coordinating Minister for Legal Affairs, Human Rights, Immigration and Corrections.
According to him, good coordination does not erase the boundaries of authority, but rather enables those boundaries to function together as one system.
Therefore, he guaranteed that government coordination would never interfere with the independence of the judiciary.
Furthermore, Yusril set out four major challenges of modern criminal law requiring joint attention from Asian countries: corporate criminal liability, cybercrime in the digital era, transnational banking and financial crimes, and transnational criminal law enforcement.
He explained that corporate criminal liability must be legally effective and measurable, whilst handling cybercrime demands that the law adapt quickly to technology without abandoning the principles of legality, proportionality, and human rights.
In confronting transnational financial crime, he emphasised that law enforcement needs to trace assets whilst simultaneously protecting legitimate economic activity.
Meanwhile, he continued, strengthening transnational legal cooperation depends greatly on the level of international confidence in the professionalism and independence of a country’s judicial system.
Yusril also took the opportunity to express appreciation for the legal profession, stating that an independent legal profession is not an obstacle to law enforcement.
“The independence of the legal profession is one of the conditions that gives legitimacy to law enforcement,” he said.
The opening ceremony of the 36th POLA Summit concluded with a gong-striking ceremony by Yusril.
The gong strike symbolised the official commencement of the conference, which is hoped to generate valuable ideas for strengthening the rule of law in Asia and globally.