DRAFT RUU KUHAP PDF
Volume 2, July – December The Absence of Initial Investigation Process in the Draft of Indonesian Criminal. Procedure Law (RUU KUHAP). Chandra M. Ministry of Law and Human Rights a draft revised KUHAP has been prepared and is 1 to depict a comprehensive scope of provision of the draft KUHP and KUHAP, as well as the significant .. Proses pembahasan RUU KUHAP ,. Institute for.
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After Indonesian independence inthe Dutch penal code was adopted mostly unchanged and continued to apply. Reforming it may have even more impact on the criminal justice system in Indonesia. Given its significance, reform should not have taken so long. Article of the draft code, however, stipulates that the KUHP will be the default source of criminal law principles for offences contained in any other law, unless otherwise specified.
Members of Aboriginal, Torres Strait Islander and Maori communities are advised that this catalogue contains names and images of deceased people. It sets out guiding principles and factors to be considered by judges in sentencing. The draft code stresses that the death penalty should be a last resort, reserved for extraordinary crimes. New search User lists Site feedback Ask a librarian Help. The position of the death penalty is one such example.
Yet certain offences appear at odds with this progressive approach. More worryingly, it appears to maintain and even expand the reach of offences related to public morality and the state.
DPR dan Pemerintah Sepakat Pasal Zina Tetap Diperluas dalam RKUHP
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These are important reforms.
Despite sluggish process, it appears that the political will for change is now stronger. Part of the problem is that lawmakers hold conflicting views about core issues in the Criminal Code.
The inclusion of the concept of commissioner judges in the Criminal Procedure Code invited debate among rui, both practicing. Various provisions criminalise, in broadly framed language, the spreading of communist ideology. There has also been debate over the extent to which the KUHP dratf truly a code and applicable to other laws Article It has previously complained about the complexity of reforming the code, given its size it contains articles and scope.
Catalogue Persistent Identifier https: That discussion — what should be criminalised and how — is likely to be a process that will be played out in the public sphere to a much greater extent. The existing, problematic code dates back to Predictably, the greatest quarrels have been over offences relating to social and moral issues, such as the definition of adultery Article This attempt also foundered but formed the basis for subsequent drafts.
The code also contains provisions aimed at reducing short-term imprisonment, including alternatives to imprisonment, such as supervision and community service. A multitude of sins: Order a copy Copyright or permission restrictions may apply. This is starkly illustrated by the content of the DIM daftar inventarisasi masalaha document that details the concerns of the various political factions about each article in the draft code.
The aim of such kuuhap is to ensure proportional sentences are imposed, and that decisions are understood by the community. The xraft has covered deliberations, and there has been critical engagement from respected civil society organisations like the Institute for Criminal Justice Reform ICJR and Hukum Online.
That is highly unlikely, however, given support for the punishment in Indonesia — the DIM does not contain any record of opposition to the inclusion of the death penalty.
draft ruu kuhap pdf reader – PDF Files
To learn more about how to request items watch this short online video. How do I find a book? The draft code is in the list of priority bills for deliberation in the legislature Prolegnas although it has been on this list in the past. Criminal courts — Indonesia.
Indonesia’s long wait for its own criminal code – Indonesia at Melbourne
Commission III of the legislature, which is responsible for reviewing and discussing the legislation, has said it is swamped with work. There is broad agreement that the draft revised code is a significant reform and will provide the basis for improvement in the criminal ruu system. Working groups were appointed a number of times over the years but they did not produce reformist proposals and, in any event, their work did not lead to new legislation.
It therefore also likely to be a much nastier affair, especially regarding offences relating to social and moral issues. Request this item to view in the Library’s reading rooms using your library card.
It contains fundamental principles of criminal law, provisions regarding criminal responsibility, provisions regarding sentencing, and so on. In Marcha draft was submitted to the DPR, and was deliberated alongside other significant draft laws, including a draft criminal procedure code.
Indonesia’s long wait for its own criminal code
It is currently also considering other weighty laws, notably the revision of the Counter-Terrorism Law. President Joko Widodo recently announced a legal sector reform package. In conditions like today, it is very difficult to expect passage monitoring system using a model judge commissioner, if the model judge these commissioners to be applied in accordance draft Criminal Code then the implication is reshape the entire order of the criminal justice system today, to be returned to the system of European traditions Continental as never apply in advance at the time of entry into force Reglement Strafvordering Rv.