The strengthening of State Protection in the Future Indonesian Criminal Code

The discussion of Book II of the Draft Bill on the Indonesian Criminal Code (Rancangan Kitab Undang-Undang Hukum Pidana – “RKUHP”) has been up to Article 285

During the recess period of the House, on 31 October to 15 November 2016, working committee (“Committee”) for the RKUHP in the Commission III has done a marathon discussion in order to accelerate the finishing of Book II of the RKUHP. As of 11 November 2016, there are 285 articles of the RKUHP that have been discussed by the Committee. Practically, since September 2016 until 11 November 2016, Chapter I to Chapter V of the Book II have been discussed. The committee has discusses approximately 70 articles of the RKUHP, from Article 210 to Article 281. (See table 1 below)

Table 1.

Provision in Book II of the RUKHP which are being discussed by the Committee

Chapter Section Article(s) Information
Chapter I

Crime against State Security

Section One

Crime against State Ideology

219 – 220  
Section Two

Crime against the Government

(illegal and overt seizure of a state)

221 Elimination and Replacement Measure to the Pancasila ideology
222 Crime against the President and Vice President
223 Crime against the Republic of Indonesia
224 – 227 Crime against the legitimate government
Section Three

Crime against National Defence

228 – 234 National Defence
235 – 241 Treason against the State and Disclosure of State Confidential Information
242  – 248 Sabotage and War Crimes
Section Four

Terrorism

249 – 251 Terrorism
252 – 253 Terrorism Acts by using Chemical Weapons
254 – 257 Funding on Terrorism
258 – 260 Granting Facilities and Aids to Terrorism
261 Expansion of Terrorism Acts
Chapter II

Crime against the Dignity of the President and Vice President

Section One 262 Attack against the President and Vice President
Section Two 263 – 264 Insult against the President and Vice President
Chapter III

Crime against Neighbouring Countries

Section One

Illegal Acts to Overthrow the Administration of the Neighbouring State

265 – 266 Overthrow the Administration of the Neighbouring State to Release a Region in the State in Question
267 – 268 Overthrow the Administration of the Head of State and Vice Head of State of the Neighbouring State
Section Two

Insult against the Head of State of the Neighbouring Countries and Flag Desecration

269 – 271 Insult against the President and Vice President of the Neighbouring Countries
272 Desecration of Neighbouring Countries’ Flags
Section Three

Evil Cooperation

273  
Chapter IV

Crime against Rights and Obligations of State

Section One 274 – 275 Crime against the House of Representatives
Section Two 276 – 280 Crime on General Election
Chapter V

Crime against Public Order

Section One

Insult against Symbol of State, Government, and Community

281 – 283 Desecration of Flag and Symbol of State as well as National Anthem
284 – 285 Insult against the Government

Source: Monitoring of the ICJR and the National Alliance of Indonesian Criminal Code Reform

Chapter I to Chapter V of the Book II of the RKUHP is a collection of criminal offenses which related to the state protection. However, in these chapters, the formulation offered by the government tends to strengthen the position of the State as well as state protection. Based on the monitoring of the National Alliance to the consolidated results of several factions in the Problems Inventory List (Locally known as Daftar Inventarisasi Masalah – DIM), including the results of the previous discussion, the House of Representatives also tends to follow that trend.

For instance, several criminal provisions in the prevailing Criminal Code which were abolished by the Constitutional Court, namely the Article of Lesse Majeste or an Insult against the Head of State is also re-entered by the government in Articles 263 and 264 of the RKUHP. Similarly, the articles of Hate Speech against the authorities which had been removed the Constitutional Court is also re-entered in the Article 284 – 285 of the RKUHP.

Therefore, it seems that the trend in strengthening the state protection will regain its power in the future. The spirit to reform the Indonesian Criminal Code which is boosted after the Indonesia political reform by eliminating several provisions that provide excessive protection to the head of state and the government looks has lost its significance in the discussion of the RKUHP.

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