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Govt asserts no overlapping rules between new Criminal Code and other laws

Tempo - December 16, 2022

Nesa Aqila, Jakarta – Acting Director General of Laws and Regulations of the Law and Human Rights Ministry (Kemenkumham) Dhahana Putra ensured that there is no overlapping rule between the new criminal code (KUHP) and other laws.

"All criminal acts are regulated there," said Dhahana at the Correctional Sciences Polytechnic (Poltekip) and Immigration Polytechnic (Poltekim) buildings, on Thursday, December 15, 2022.

He mentioned that there are five crimes with special or certain qualifications, such as narcotics, terrorism, corruption, and money laundering.

For example, he explained, the law on terrorism remains valid, but the offense is stipulated in the criminal code. Another example is, the rules on narcotics in Law 35 of 2019 which include the offense but in the context of enforcement, it is according to regulations in each sector.

"Why? Because there are criteria related to the specific crime [as mentioned before], that they are handled by a special institution, for example, BNPT addresses terrorism, BNN addresses narcotics, KPK addresses criminal acts of corruption," Dhahana outlined.

Therefore, on the one hand, the criminal code indeed does not talk about the issue of authority, but offenses. However, the authority is based on the regulations of each sector.

The House of Representatives (DPR) ratified the revised criminal code on Tuesday, December 6, 2022. The new law met with rejections from many parties, including the Alliance for Criminal Code Reform which staged a protest on the same day.

Source: https://en.tempo.co/read/1669020/govt-asserts-no-overlapping-rules-between-new-criminal-code-and-other-law