ICLaD Issue No 1/2016

This Edition of ICLad will elaborate matters on the revision process of criminal law in two pieces of regulations that are currently being deliberated at the House of Representative (DPR). This deliberation process is referred to Draft Bill on the Amendment of Law No. 11 of 2008 on Electronic Information and Transaction (Draft Bill on EIT) and Draft Bill on Criminal Law.

The current discussion to revise Draft Bill on EIT was triggered by the surrounding controversy that arisen since this Law on EIT is passed on 2008. Since then, human rights activist believes that the criminalization policy under the EIT Law has created climate of fear for society in expressing opinion as the law sets general and vague elements of criminal offences. Besides, the EIT Law also deemed to be merely duplicating several provisions that are currently incorporated under the Criminal Code.

After a lengthy advocacy campaign, the government is finally agreed to revise the EIT Law and submit Draft Bill on EIT to the DPR on December 2015. However, the Draft Bill on EIT formulated by the government is believed still failed to address loopholes in the EIT Law, thus the controversy remains in place. First, the scope of revision is considerable shallow. Second, the Draft Bill on EIT is lack of fair trial provision. Third, the Draft Bill on EIT is still silent on the website censorship procedure, which has become another ongoing criticism among many circles.

Besides discussion on Draft Bill on EIT, the second topic is on the criminalization policy sets in the Draft Bill of Criminal Law. At present, there is a tendency from the government to utilize criminal law in controlling public and in the same time to ensure the supremacy of the State. Consequently, the scope and provisions of criminal law has become wider, which eventually may open the possibility of injustice process to the offender

In the Draft Bill on Criminal Law, there are at least 555 articles that specifically regulate criminal offices. These articles will define each type of criminal offence and impose criminal sanction for each violation. Unfortunately, the tendency to impose criminal sanction to violators under the Draft Bill on Criminal Law does not followed by clear rationale and legitimacy, especially on new types of criminal offences.

This edition of ICLaD will discuss these two topics in simple and systematic manners, thus reader would have comprehensive understanding on the challenge and issue related to the effort in reforming Indonesia’s criminal law.

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