For some people, the Indonesian Criminal Code draft law does not offer any enlightenment, on the contrary, it is still stagnant. In fact, it suffers a set back as it still accommodates retaliatory criminalization. Looking at this draft law, it is unlikely that Indonesian criminal code law would be free from the principles of colonial criminal law in the future.

The abovementioned matter was conveyed in the question raised by the Constitutional Justice Prof. Abdul Mukhtie Fadjar, S.H., M.S. and the Constitutional Justice Maruarar Siahaan, S.H. to the Indonesian Criminal Code Revision Team in the hearing of case number 6/PUU-V/2007 regarding the judicial review of the Indonesian Criminal Code against the 1945 Constitution which was scheduled for the hearing of statement from the Indonesian Criminal Code revision team on Wednesday (23/5). The hearing was also attended by the petitioner of the judicial review on capital punishment provision in the Narcotics Law.

Responding to the question of the Constitutional Justices, the member of the Indonesian Criminal Code revision team Dr. Mudzakkir, S.H., M.H. stated that the capital punishment must not be put in the context of revenge but shall be considered as the form of balancing justice. “Indonesian community is still adhered to such way of life (revenge). A victim would want an eye for an eye. If this matter is not accommodated in the Criminal Code, we are afraid that the people will take the law into their own hands due to the dissatisfaction of judicial decision,” Mudzakkir explained.

Mudzakkir stated further that although the Indonesian Criminal Code Draft law still provides the element of capital punishment, but the enforcement is complicated because it is included in the category of special crime which has alternative nature. The statement indicates that this punishment is subjected to the reduction to life or a certain period jail time punishment. “Apart from that, the Indonesian Criminal Code Draft law also has a provision on a 10 years of probation punishment so that the guilty party could improve their behavior in prison. If there is no improvement during the period of time, the capital punishment shall be applied, “ Mudzakkir added.

On the same occasion, the Attorney in the case Number 6/PUU-V/2007 A.H. Wakil Kamal, S.H. raised a question as to whether the Indonesian Criminal Code Revision Team has also neglected the Constitutional Court decision regarding the elimination of element of contempt against the authority in the Indonesian Criminal Code due to its unconstitutional value.

As a response to the abovementioned question, Mudzakkir admitted that the last formulation of the Indonesian Criminal Code Draft law was made in 1985 and up until now, there had been minor improvement in relation to the war crime provision. “Until today, we have not make any re-adjustment. When the draft law will be finish if it is constantly changed? Since the development of law will continue from time to time,” he answered. (Wiwik Budi Wasito)