If everything goes according to plan, the ratification of the Revised Criminal Code (RKUHP) will be done soon. The ratification of RKUHP, which was postponed in 2019 because some articles were deemed dangerous and could become vague articles, is still being refined and perfected. However, the government and the House of Representatives (DPR) are still reluctant to reveal the latest draft of the RKUHP.



The public is demanding that the latest draft be published and the discussion of RKUHP be done transparently. Considering the suspicious articles found in the 2019 version of the RKUHP, such as the article on attacking the dignity of the president and vice president and the article on insulting the government, it is believed that these articles will generate different interpretations. One-sided interpretations could be made by the government. For example, when the people criticize and correct government policies, but instead, it is considered as an insult. This is not an unfounded accusation, as the actions of the current government have left a bad mark on democracy, which supposedly upholds freedom of expression.


Those who are vocal in criticizing the government's 'outrageous' policies are often the ones trapped in defamation cases, such as through the ITE Law. Most of the victims are those who express criticism, not insults. Even, the Southeast Asia Freedom of Expression Network (SAFEnet) revealed that around 35.92% of state officials such as ministers, regional heads, heads of agencies, and security forces report citizens by utilizing the ITE Law.


If the hidden RKUHP still contains similar articles in its latest draft and is ratified unilaterally by the government and DPR, then the current government becomes more authoritarian and difficult to criticize. This is also an effort to silence the critical voices of the people towards government policies that often do not side with the people.


This is the illusion in democracy that claims that the highest sovereignty is in the hands of the people, but the people themselves are not allowed to speak up. In the end, this reality only becomes a boomerang for the ruling government. In fact, criticizing government policies is something important and even obligatory.


In Islam, this activity is called dakwah muhasabah or inviting the ruler to correct his policies. Government policies such as raising the prices of food, oil, gas, taxes, and other essential commodities in the midst of a difficult economic situation for the people, selling state assets in the form of natural resources to foreigners, must be criticized, not silenced, because they are unjust policies.


Even in a hadith, the Prophet said, "The greatest jihad is to speak the truth in the face of a tyrant ruler." (HR. Abu Daud, at-Tirmidzi, Ibn Majah, and ad-Dailami).


This kind of leadership attitude is worthy of emulation. Because in essence, the ruler is a servant and protector of his people. It is only right for the government to fulfill the rights of its people, including in terms of democratic transparency.


Therefore, the issue of RKUHP must be truly guarded by the people so that the discussion is done openly and involves the voices of the people. The people should not lose their right to express criticism and correction towards the government and its policies, as expressing opinions is also the people's right.


Original Source: Intransparansi RKUHP : Bumerang bagi Demokrasi | DIMëNSI (dimensipers.com)