The new Criminal Code (KUHP), regulated under Law Number 1 of 2023, has been enacted since January 2nd 2023. The 2023 Criminal Code introduces many new ideas, including regarding criminal offenses related to religious beliefs. “One of the goals of independence is to create a new Criminal Code that is more Indonesian to replace the old Criminal Code used since the Dutch colonial era. This is because the position of religion in Indonesia is very important, which is different from in the Netherlands,” explained Dr. Zainal Abidin Bagir during the discussion event “New Ideas on Freedom of Religion or Belief in the 2023 Criminal Code.”
The discussion was organized by the Religious and Cross-Cultural Studies Program, or Center for Religious and Cross-Cultural Studies (CRCS), Graduate School, Gadjah Mada University (UGM), in collaboration with the Indonesian Scholars Network on Freedom of Religion or Belief (ISFoRB) on Thursday (February 27th) both in-person and online via the CRCS UGM YouTube channel. The event brought together academics, law enforcers, and civil society to collectively reflect on the national insight regarding freedom of religion and belief, particularly in relation to respect for human rights (HR).
There were two important points highlighted in this discussion: the truth in the 2023 Criminal Code, which eliminates the phrase on religious defamation, and the legitimization of beliefs that have long been advocated by minority civil society groups.Dr. Zainal explained in his presentation, that the old Criminal Code was often used to target vulnerable minority groups, leading to chaos in norms and legal practices. The new Criminal Code is expected to change the situation, ensuring that no group is marginalized and that rights are guaranteed for all.
Meanwhile, Faculty of Law lecturer at UGM, Sri Wijayanti Eddyono, added that the new Criminal Code is expected to guarantee freedom of religion and belief without any religious defamation occurring. The new Criminal Code positions criminal law as a last resort after fair conflict resolution education and literacy, without marginalizing minorities. She emphasized that criminal law and human rights are inseparable, as criminal law based on human rights serves to protect basic human rights.
“In the new Criminal Code, there is a provision on the purpose of punishment, which shows respect for human dignity. This serves as the foundation for the cautious and contextual application of criminal law. The consideration for sentencing is also explained with its indicators in the new Criminal Code, making it easier for judges to see non-juridical factors,” said Sri Wijayanti.
Muji Kartika Rahayu emphasized from the perspective of a judge, that judges must not make mistakes in their decisions, and the foundation of their arguments must be complete. The perspective of the new Criminal Code differs from the old one, where there is no religious defamation, and it should not use power relations to target minority/vulnerable groups.
Author: Asti Rahmaningrum