RUU KUHP, Mau Kemana? - #LiveStreaming

The Indonesian Revised Criminal Code (RKUHP) Controversy
📌 The Indonesian Criminal Code (KUHP) has been in effect for 104 years, deeply influenced by Dutch colonial law, which is seen as a major irony for an independent nation.
⚖️ The ongoing revision of the RKUHP faces repeated delays due to significant controversies over specific articles, such as insult to the head of state, *santet* (witchcraft) laws, contempt of court, religious blasphemy, cohabitation, abortion, and marital rape.
🧐 The difficulty in reaching consensus stems from conflicting underlying ideologies, primarily between liberal/human rights perspectives (emphasizing personal choice and victim reporting) and Islamic legal perspectives (which view contravening Sharia as inherently criminal).

Critique of Human-Made Law (Jahiliyyah Law)
🧠 Human-made law is inherently limited because human knowledge—even in specialized fields like medicine or psychology—is severely limited compared to the Creator's knowledge.
⚖️ Laws based on human consensus (like democratic parliamentary votes) do not guarantee correctness or problem-solving; laws must be based on comprehensive knowledge of the issue being regulated.
🚫 Islamic legal principles define crime (*jarimah*) as anything contrary to Sharia, encompassing rights belonging to God, the individual, and the state, regardless of whether a specific victim reports it.

The Islamic Paradigm for Legislation
📜 True legal certainty must derive from a source outside of human self-interest—the Creator of humanity—who possesses complete knowledge (*Alimul Ghaib was Syahadah*).
🌟 Islamic law emphasizes concepts like *Qisas* (retribution for murder), which provides life for society by deterring potential criminals, contrasting with current failed systems where overcrowding in prisons is rampant.
🔑 Adherence to God's guidance (Quran and Sunnah) is promised to prevent deviation and calamity ($\text{Fa manittaba'a hudaya fala yaḍillu wa lā yašqā}$), offering the only reliable framework to address criminality effectively.

Key Points & Insights
➡️ The persistence of the colonial KUHP highlights the irony of continued reliance on the "colonizer's methods" for administering justice decades after independence.
➡️ Controversies in RKUHP often arise from attempts to accommodate partial legal views rather than establishing a complete, foundational framework.
➡️ The ultimate measure of a law's quality is not its passage by a majority but its correctness in solving the underlying social problem, which proponents argue only divine law can guarantee.

📸 Video summarized with SummaryTube.com on Nov 21, 2025, 04:07 UTC