The University of Pelita Harapan (UPH) continues to foster new professors in various fields of knowledge. One of them is Prof. Dr. Agus Budianto, S.H., M.Hum., the Head of the Master of Law (MH) Program at UPH, who was officially inaugurated as a Professor in Law on Thursday, July 27, 2023. This appointment was made based on a Decree from the Ministry of Education, Culture, Research, and Technology (Kemendikbudristek) dated May 1, 2023. 

During the inauguration ceremony, Prof. Agus delivered an academic speech titled “Lex Dura Sed Ita Scripta: Assessing Society’s Preparedness for Criminal Law 2023”. His research focused on society’s readiness for the implementation of Law No. 1 of 2023, which will take effect in January 2025. Prof. Agus explained that he chose this topic based on thinking framework: the imperfect legislative regulation system in Indonesia; the high crime rate in the country; the management of correctional institutions in Indonesia; and the widespread, systematic, and massive structured group violence that has become a cultural norm in Indonesia. 

“These four thoughts serve as the basis for my academic speech, highlighting that no matter how challenging the situation may be, the law must be upheld (Lex Dura Sed Ita Scripta). Challenges arise not only from geographical and sociological aspects but also from the perspective of future criminal law, especially with the implementation of Law No. 1 of 2023 on the Criminal Code. This urges us to evaluate Indonesia’s readiness in facing these legal changes,” explained Prof. Agus. 

Furthermore, Prof. Agus explained that to assess society’s readiness, he examined three aspects: living law, criminal classification patterns, and judicial pardon. 

“Criminal acts are closely related to the issue of legal sources or the legality basis for defining an act as criminal or nots provisions as referred to in Article 1 paragraph (1) do not diminish the application of living law in society that stipulates that a person deserves criminal punishment, even if the act is not regulated in this Law’,” explained Prof. Agus, who also serves as an Expert in the Commission III of the House of Representative of the Republic of Indonesia (DPR RI). 

He added that the purpose of enacting laws is to recognize and include living law as part of national law. However, it should be noted that these customs and traditions existed, developed, and grew long before the Criminal Code (KUHP) of 1945 and KUHP of 2023. Indeed, if KUHP of 2023 were applied to customary practices, it could lead to the creation of new criminal acts. In other words, someone could be considered guilty if, from the standpoint of customs or society, their actions were deemed wrong. Such individuals could be subject to criminal penalties. 

The second aspect he examined was the criminal classification patterns present in the KUHP of 2023. Fines serve as the amount of money that must be paid by a convicted person based on a court decision. These fines can serve as a substitute for imprisonment if certain conditions are met, as per the existing categories. 

“In Law No. 1 of 2023, the government has started to shift the concept of punishment from the combined theory (de verenigings) towards emphasizing rehabilitation and reformation models, by implementing the theory of talionic punishment. This theory requires criminals to pay compensation for their actions in the form of fines. In practice, it’s important to find harmony between the harm caused by the criminal act and the amount of the fine imposed on the convicted person. Therefore, the threat of the criminal act must be carefully considered to ensure that the fine imposed matches the level of wrongdoing and the harm caused by the perpetrator,” clarified Prof. Agus. 

The third aspect relates to Judicial Pardon, which means that even if a defendant has been proven guilty, the panel of judges does not impose a sentence (dispensa de pena). When discussing the potential application of the concept of Judicial Pardon as one of the alternatives in criminal case decisions in Indonesia, it cannot be separated from criminal procedure law, which oversees its implementation. Therefore, Prof. Agus stressed the importance of harmonizing the KUHP of 2023 with the Criminal Procedure Code (RKUHAP) so that the concept of Judicial Pardon can be applied effectively. 

Additionally, Prof. Agus also noted that Judicial Pardon, as regulated in Article 54, Paragraph (1) and Article 54, Paragraph (2), could be tempting for parties involved in legal proceedings to influence the judicial authorities. 

“The judicial institution, which has the authority to examine and adjudicate cases, may potentially experience ethical violations. In the name of upholding Judicial Pardon, this can actually be used as a powerful weapon to facilitate deviations. Judges may be tempted to engage in actions that undermine their independence, such as accepting bribes or engaging in other unethical behavior,” he stated. 

Responding to Prof. Agus’s academic speech, Dr. H. Arsul Sani, S.H., M.Si., Pr. M., Vice Chairman of the People’s Consultative Assembly (MPR) of the Republic of Indonesia, said, “On behalf of DPR and MPR, we congratulate and wish Prof. Agus success. Personally, I am very proud of his achievement as he has achieved the highest academic title. Regarding Law No. 1 of 2023, this law is heavily influenced by the configuration of our social society because our country adheres to a pluralistic system. Therefore, we have experts who can help mediate the aspirations of society, such as Prof. Agus,” Dr. Arsul Sani stated in his remarks. 

A congratulatory remark was also given by UPH Rector Dr. (Hon.) Jonathan L. Parapak, M.Eng., Sc. He said, “The inauguration of Prof. Agus adds to the pride of the UPH Faculty of Law, which has produced many professors. UPH is committed to continually striving to be a center of excellence contributing to the nation. Prof. Agus has played a significant role and worked diligently, not only on campus but also in DPR. We are grateful to have a professor who upholds values both at the university and in society”.  

In conclusion, Prof. Agus expressed his hope that he could contribute input to the formulation of the KUHP of 2023, which he believed as yet to fully embrace the “spiritual atmosphere” of Indonesian society. 

“Law exists and coexists, evolving throughout human history. The formulation of law must follow the evolution of legal concepts within society. Law should serve as a social control mechanism, creating ‘ubi societas ibi ius’ (where there is a society, there is law), not the other way around. Law is conceived by humans with the purpose of safeguarding human rights and interests. Regardless of its complexity, law must be enforced!” emphasized Prof. Agus. 

With the presence of Prof. Dr. Agus Budianto, S.H., M.Hum as a Professor in the field of Law at UPH, it demonstrates the quality of educators at UPH who continually support the advancement of legal knowledge to remain relevant in today’s society.