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.
