All RKUHP Meetings Must be Opened to Assure Public Participation

On 29 October 2015, Working Committee of the Commission III of the Parliament officially conducted the first meeting in regards to Draft Bill on Criminal Code (RKUHP) with Minister of Law and Human Rights. The meeting was organized at Hotel Atlet Century Park Jakarta, 14.00 WIB. Unfortunately, the meeting is closed to the public, and even the agenda was only determined few hours earlier

The National Alliance for Criminal Code Reform is having difficulties in finding the result of the meeting. However, from other reliable sources, the National Alliance has gathered the following information:

  1. Discussing the meeting order for RKUHP pursuant to the House of Representatives Regulation No. 1 of 2014
  2. Planning a work visit to Hongkong
  3. Affirming the presence rules on the discussion, in other words, member of the Working Committee that do not appear in three consecutive meetings, may not give further inputs.
  4. Consenses that there will be no discussion during recess
  5. RKUHP discussion will be conducted in 16 November 2015, after the recess.

The National Alliance deplored the closed meeting and demands the Working Committee to make all the RKUHP meeting open for the public. As continuously reminded by the National Alliance, a focused, effective, and participative discussion, are the prerequisite to evaluate the quality and legitimacy of KUHP drafted by the government and the parliament. Therefore, public participation is mandatory, by allowing the public to be involved in the meetings.

Furthermore, the Working Committee must consistently inform the public regarding the meeting result, in timely manner. This also includes the agreement and consensus between the Working Committee and the government. Unfortunately, the regulation on meeting order (Article 246) limits the public participation, which is evident from the paragraph below:

Article 246

1)      All meetings of the House of Representatives are open for the public, unless decided otherwise

2)      Open meetings are meetings attended by the members and non-members that are invited and not invited

3)      Closed meetings are meetings that may only be attended by the members and those that are invited.

Therefore, the National Alliance demands that all RKUHP meetings must be open for the public and can be covered by the media, reporters, and the society. The Working Committee must reduce the number of closed meetings conducted in hotels during the night, as it will limit the access from the society.

The Working Committee may not argue that RKUHP meetings must be conducted without public participation (closed meeting). The National Alliance insisted that any meeting conducted by the Working Committee is the same as “discussion”, which must be open for the public, especially when a decision is made.

The Working Committee must not use Article 248, which states that

Article 248

1)      Closed meetings can be declared confidential

2)      Discussion and decision from the closed meeting that is confidential in nature may not be announced to othe parties or to the public.

3)      The confidentiality nature as mentioned under paragraph (1) must be held closely by those who know the discussion of the closed meeting

4)      Due to certain reason, based on the recommendation of the chairman of the meeting or members or input from the faction and/or government that attended the meeting, the meeting may decide do announce the whole or partial part of the closed meeting

The National Alliance rejected the reason “for acceleration” (agar cepat selesai), conducted in a hurry and disregards public participation. Considering the materials regulated under KUHP, the National Alliance encougares a proper timesplan for effective and participative discussion

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