Professor of Criminal Law from Padjadjaran University, Prof. Romli Atmasasmita, S.H., L.L.M., criticized state officials for their misinterpretation. They identify that law is the same with regulations or written laws, so it is as if there was no solution without regulations. "Since the Reform, Indonesia has no longer been a state of law, but state of regulation. This notion has caused disruption among Indonesian officials," said the professor in a seminar entitled "Problem and Prospect of Criminal Law by National Working Group Team". The seminar was held by Faculty of Law, UGM at Nusantara Room, Pacific Restaurant, Yogyakarta, Thursday (18/3).
The professor said that annually the government’s budget was mostly spent for preparing the national legislation program. In his opinion, this reflects the notion that laws should be produces as many as possible. As a matter of fact, there are many laws contradicting with each other. For instance, the Oil & Gas Law and Forestry Law that brings conflict between using and maintaining protected forests, or the Information and Electronic Transaction Law and Anti-Corruption Commission Law in the wiretapping clause; or the Eradication of Corruption Law No. 31 Year 1999 and Law No. 1 Year 2004 on Definition of State Loss and Obligation to Return State Loss.
Â
Dealing with Criminal Code Draft Law proposed by the government and set as one of the bills in 2010, he urged the government to postpone the implementation until human resources, investigators, prosecutors, and judges as well as adequate budget are available. The professor criticized the Draft that the compiling team ignores the functional conflict between police investigators and prosecutors in handling criminal cases. He also criticized that civil servants have the authority to investigate under the sectoral Law. This can weaken the Code. Nevertheless, he still appreciates the Draft (2009) as one of the government’s efforts in finding solutions for criminal trial.
Meanwhile, UGM criminal law expert, Dr. Eddy O.S. Hiariej, S.H., M.Hum., said that the Code is more on due process of law, which focuses on protecting the rights of suspects. He considered it contradicting the general principles of procedural law: fast, simple and cheap. "It’s not easy to apply due process of law in Indonesia in the midst of legal practices which are full of judicial mafia," he explained.
Â
The expert recommended that a clause on proportional protection of interests should be included in the Code in the future. This is in accordance with the doctrine of criminal law that should protect three interests, i.e. interests of individuals, community, and nation.
In this one-day seminar, lecturer Dr. Marcus Priyo Gunarto, S.H., M.Hum and Police’s Deputy Head for Division of Legal Construction, Brig. Gen. Pol. Dr. R.M. Panggabean, S.H., M.H., became speakers.