Faculty of Law (FH) UMM Seminar: The Importance of Synchronizing the Prosecutor's Bill and KUHAP

Author : Humas | Friday, January 31, 2025 09:05 WIB

Faculty of Law UMM held a national seminar to discuss the synchronization and harmonization of the material of the Prosecutor's Bill and the Criminal Procedure Bill

(Photo: Special)

Another interesting national seminar was held at the University of Muhammadiyah Malang (UMM). The agenda carried out by the Faculty of Law on January 30 discussed the synchronization and harmonization of the material of the Prosecutor's Bill and the Criminal Procedure Bill. Also present were a series of reliable speakers and legal experts from academia and practitioners. They examined the importance of adjusting and harmonizing the legal regulations of the prosecutor's office with the Criminal Code in order to create a more effective and equitable justice system.

The seminar was started by the Chairman of the PTM Law Faculty Deans Forum, Assoc. Prof. Dr. Faisal, S.H., M.Hum, who highlighted the urgency of synchronization between the AGO Bill and the Criminal Code to ensure efficiency and clarity in the legal process in Indonesia. He emphasized that regulatory changes must pay attention to the principles of justice and legal certainty. “Adjustment of prosecutorial regulations and the Criminal Code is a must to ensure that our criminal justice system runs more efficiently and in line with evolving legal needs,” he said.

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Then there was a presentation from the Dean of FH UMM Prof. Dr. Tongat, S.H., M.Hum. about restorative justice and its urgency as a settlement of criminal cases in the perspective of the Attorney General Bill and the Criminal Procedure Bill. There are a series of criticisms that he conveyed towards criminal justice, namely prisonization, stigmatization, and dehumanization. Prisonization is the process of interaction between suspects, defendants, and convicts in an institution that results in the transfer of knowledge about crime.

“Meanwhile, stigmatization is the giving of stigma and evil labels. Finally, dehumanization is the process of alienating and distancing humans from their social community,” Tongat added.

Meanwhile, Chairman of the Law and Human Rights Council of PP Muhammadiyah Dr. Trisno Raharjo, S.H., M.H., explained about criminal law policy in the implementation of the duties of the prosecutor's office of the Republic of Indonesia. According to him, in carrying out their duties, prosecutorial officials must adhere to the principles of justice and proportionality to avoid abuse of authority. 

“The task of the prosecutors in law enforcement must always be based on the principle of legality and uphold human rights,” he said.

Trisno also highlighted challenges in the practice of prosecutorial law, including how to balance repressive and preventive aspects in enforcing the law. According to him, experts and practitioners must ensure that criminal law reform not only strengthens the prosecutor's authority, but also guarantees the rights of the community in the legal process.

This discussion was further strengthened by the second speaker, Dr. Sholehuddin, S.H., M.Hum., who examined the synchronization and harmonization of the content material of the Bill on the prosecutor's office against the Criminal Code. According to him, regulatory disharmony can have implications for overlapping authority and legal uncertainty in the law enforcement process in Indonesia. 

“The Prosecutor's Bill must be prepared by considering its relationship with the Criminal Code so that there is no clash of norms that can hamper the judicial process,” he said. 

In addition, synchronization between the role of the prosecution in the justice system and the applicable legal norms is also necessary. Without good synchronization, there will be differences in legal interpretations that can have an impact on uncertainty in law enforcement. Finally, coordination between law enforcement agencies must also be considered to avoid conflicts of interest.

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Then, the event was ended by UMM Rector Prof. Dr. Nazaruddin Malik, M.Si. He emphasized the importance of the role of academics in providing constructive input for national legal policy. He hoped that this seminar could become a forum for scientific discussions that contribute to the preparation of better legal regulations. (vin/wil/ind)

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