Deputy Minister of Law and Human Rights Edward Omar Sharif Hiariej urged the public to understand the basic nature of criminal law that essentially restrained human rights.

“Criminal law curbs human rights, more or less,” Hiariej stated while disseminating information on the Draft Criminal Code at the University of Palangka Raya, Central Kalimantan, as accessed here on Tuesday.

Thus, the public must be able to understand the strict regulations imposed by the state on the public to regulate the national aspects, he remarked.

Hiariej told the students that criminal law was the least favourable aspect of law while adding that criminal law would take state in precedence over citizens.

“Hence, (criminal law) positions the citizen to not be on an equal footing with the state,” he remarked.

The deputy minister did not deny that this aspect often led to pros and cons, as it knowingly could compromise human rights. He stated that the draft criminal code, which was currently still being formulated, had several challenges, particularly in changing the public’s mindset to one geared towards a modern criminal law paradigm.

For instance, if a crime or criminal act occurs, law enforcement officers, especially the community, tend to push for perpetrators to be immediately punished, severely, if possible, he remarked. This leads to overcapacity in all correctional facilities all over the country.

“The capacity of prisons in Indonesia is only 160 thousand, while the number of prisoners reaches 270 thousand,” he pointed out.

With the draft criminal code, the problem of overcapacity of prisons can be resolved, he stated. Concurrently, the public should also continue to be educated about changes in legal orientations that initially prioritized revenge (lex talionis) now becoming restorative justice.

Source: Antara News