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Through public dialogues in 11 cities, 5 articles were removed from revised Criminal Code
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P
ublic dialogues that were held in 11 cities and districts in September and October resulted in the removal of several articles from the revised Criminal Code (KUHP).
The public dialogues were held to ensure popular participation in the establishment of the new code. President Joko “Jokowi” Widodo provided direct direction based on Constitutional Court Decision 91/PUU-XVIII/2020. There were 69 inputs from the public and four edits from the Public Body Dialogues in the 11 cities that were adopted into the Criminal Code.
The law was adjusted directly through the deletion of articles, reformulations, additions and repositionings. Some of the deleted articles are as follows:
1. Article 277
Any person who allows the poultry he raises to walk in gardens or on land that has been sown with seeds or plants belonging to other people and causes losses shall be punished with a maximum fine of category II.
2. Article 278
(1) Any person who lets his livestock walk in gardens, on pasture land, land sown with seeds or planted, or land prepared for sowing shall be punished with a maximum fine of category II.
(2) Livestock implicated under paragraph (1) may be confiscated by the state.
3. Article 344
(1) Any person who unlawfully commits an act that causes environmental pollution or damage that exceeds environmental quality standards and standard criteria for environmental damage shall be punished with imprisonment for a maximum of nine years or a maximum [fine] of category VI.
(2) If the act referred to in paragraph (1) results in serious injury, the penalty shall be imprisonment for a maximum of 12 years or a maximum [fine] of category VII.
(3) If the act referred to in paragraph (1) results in the death of a person, the penalty is imprisonment for a maximum of 15 years or a maximum [fine] of category VII.
4. Article 345
(1) Any person who because of his negligence causes pollution or damage to the environment that exceeds the standard for environmental quality and standard criteria for environmental damage as stipulated in the provisions of laws and regulations shall be punished with imprisonment for a maximum of two years or a maximum fine of category III.
(2) If the act as referred to in paragraph (1) results in serious injury to a person, the penalty is imprisonment for a maximum of four years or a maximum fine of category IV.
(3) If the act referred to in paragraph (1) results in the death of a person, the penalty shall be imprisonment for a maximum of five years or a maximum fine of category V.
5. Article 42
Every person who wanders on the street or in a public place who disturbs public order shall be subject to a maximum fine of category I.
