Smart Explanation on the Evasion of Legal Certainty
Edward Hiariej emphasizes the urgent need for a new KUHP law in Indonesia to ensure justice and fairness in the legal system
00:00:00 Edward Hiariej explains the urgent need for a new KUHP law in Indonesia, highlighting its outdatedness and the importance of accurate translations.
📜 The current formulation of the RUU KUHP is not from the government or the DPR.
⏳ The RUU KUHP has been postponed multiple times, but it is expected to be finalized by the end of this year.
🔑 The urgency of the new KUHP lies in updating outdated laws, addressing translation discrepancies, and aligning with modern legal paradigms.
00:09:53 Edward O. Hiariej explains the urgency to revise the criminal code in Indonesia to ensure justice, certainty, and fairness in the law.
📚 Key idea: The new Penal Code has significant changes and is more focused on modern criminal law principles like corrective justice, restorative justice, and rehabilitative justice.
⚖️ Key idea: The revised Penal Code emphasizes the importance of balancing justice and legal certainty, with a preference for justice in cases of conflict between the two.
📙 Key idea: The new Penal Code introduces standardized sentencing criteria for judges based on a modified Delfi system, considering multiple factors for determining the severity of punishment.
00:19:42 Edward Os Hiariej explains the importance of the new criminal law bill and the need for standards in sentencing, emphasizing justice and fairness over imprisonment.
🔑 The video discusses the importance of standardizing criminal law across different countries.
💡 The speaker emphasizes the significance of considering the severity of the crime, its impact on the victim, and the economic status when determining punishment.
⚖️ The video also highlights alternative forms of punishment, such as supervision and community service, to avoid unnecessary imprisonment.
00:29:33 A concise summary of the video: Penjelasan Cerdas Edward Os Hiariej tentang Kaburnya Kepastian Hukum (Smart Explanation by Edward Os Hiariej on the Evasion of Legal Certainty).
The video discusses the challenges in implementing Dutch criminal law in Indonesia.
The speaker highlights the importance of considering the local laws and societal context in Indonesia when implementing criminal law.
The video also touches on the topic of capital punishment and the differing opinions on its use.
00:39:23 Explanation by Edward Os Hiariej on the importance of amending the Criminal Code in Indonesia, particularly regarding provisions related to the defamation of the President and the freedom of expression.
📚 The video discusses the challenges of democracy and freedom of expression in Indonesia during President Jokowi's second term.
🔍 The video explains the controversial article in the RUU KUHP that deals with insulting the dignity of the President.
✅ The video emphasizes that the article is not intended to suppress freedom of speech, but rather to protect the honor of the President.
00:49:14 Explanation by Edward Os Hiariej about the urgency of amending the Criminal Code to ensure legal certainty. The proposed changes will be presented to the DPR based on public dialogue and input from the community.
📺 The video discusses the imminent revision of the Indonesian Penal Code (KUHP) and the importance of ensuring legal certainty.
🔒 The speaker clarifies misconceptions regarding the involvement of various parties in formulating the current version of the KUHP.
⚖️ The proposed amendments aim to address issues related to religious freedom, live streaming during court proceedings, and the death penalty.
00:59:06 Edward Hiariej explains the proposed changes to the Indonesian Penal Code, addressing issues of contraception and underage consent. The new code aims to provide clarity and ensure legal certainty.
📚 The speaker discusses the regulations on contraception and abortion, emphasizing that it is meant for parents to offer to their underage children.
🏨 There is a clarification that individuals cannot be raided in hotel rooms based on anonymous complaints, as only spouses can file a complaint.
📝 The discussion revolves around the modernization of the Indonesian Penal Code (KUHP) and the Criminal Procedure Code (KUHAP), with the aim of accommodating the country's diverse legal perspectives.
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