Sanctions for People Seeking to Replace or Abolish Pancasila in Criminal Code Bill
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Editor
11 July 2022 11:10 WIB
TEMPO.CO, Jakarta - The final draft of the criminal code bill (RKUHP) covers provisions concerning activities seeking to replace or abolish the country’s ideology of Pancasila, in Article 190 (1-2).
“Anyone who expresses desire in public orally, in writing, or through any media to abolish or replace Pancasila as the basis of the state shall be punished with imprisonment for a maximum of 5 (five) years,” as read in Article 190 (1).
Article 190 (2) states that if the act leads to a riot in public or a loss of property, that person is sentenced to a maximum imprisonment of 10 years; if the riot causes people to suffer serious injuries, the sanction increases to a maximum of 12 years.
“If the riot occurs and results in the death of a person, the person shall be punished with a maximum imprisonment of 15 years.”
Spreading or promoting Communism or Marxism-Leninism teachings is also prohibited in the RKUHP, namely in Article 188 (1-6). Anyone who spreads or promotes the teachings of Communism or Marxism-Leninism in public orally or in writing or through any media shall be punished with imprisonment for a maximum of four years.
It is also noted that if a riot occurs due to the activity and results in the death of a person, the perpetrator may be sentenced to a maximum imprisonment of 15 years. However, people who study the ideology for the sake of science, will not be punished.
Additionally, Article 189 in the final draft of the criminal code bill notes that anyone who establishes an organization that is known or suspected to adhere to the Communism or Marxism-Leninism teachings and anyone who has relations with or provides assistance to or receives assistance from the organization may face ten years in imprisonment.
M. FAIZ ZAKI
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