UNS — A member of Commission III of The House of Representatives (DPR) RI, Habiburokhman, passed with Cum Laude in Doctoral Viva in Law Science Faculty of Law (FH) Universitas Sebelas Maret (UNS) Surakarta.
In the viva voce proceeding held in FH UNS Hall on Tuesday (5/4/2022), Gerindra Party politician defended his Doctoral Thesis on “Building the Model of Law Enforcement for Hate Speech by Modernizing Criminal Accountability with Restorative Justice.”
The research was initiated by classical law enforcement problems that contain subjectivity in fulfilling legal materials for criminal offenses. Some cases also did not follow due process and were conducted merely as a formality. Subjectivity also exists in the element of the offense and is increasingly relevant in hate speech cases regulated in Law concerning Electronic Information and Transaction (UU ITE).
“The reason is monistic teachings which in practice make subjective or human elements secondary. As long as the objective element is deemed fulfilled, the fulfillment of the intentional element is considered complimentary,” the Doctorate Candidate explained.
Habiburokhman added that restorative justice is needed to solve issues caused by UU ITE to create a criminal law system that guarantees a fair legal system as mandated in Article 28D of the 1945 Constitution of the Republic of Indonesia. He argues that restorative justice is vital in the system to develop dualistic doctrine in law conception in implementing criminal law.
“Restorative justice applies to erase mistakes or criminal accountability,” he added.
Speaking from his experience defending a hate speech suspect, he thought that a hate speech legal proceeding causes non-uniformity of investigation, prosecution, and verdict. Moreover, Article 27, 28, and 45A of UU ITE contains multiple interpretations. For example, the ‘group phrase’ has no reference. “And research showed that prosecutors could not elaborate the element of error or intention that could be objectively defined in a case,” he explained.
His study suggested an update on Criminal Code (KUHP) to differentiate criminal action and criminal accountability. Hate speech definition in the current law also needs an update to eliminate multiple definitions of the term, and separate law to regulate restorative justice as a mechanism is needed. He added that the current criminal law in Indonesia is too focused on the perpetrators than on serving the interest of the victims through restorative justice.
Habiburokhman passed Cum Laude with a cumulative GPA of 3.77 out of a 4.0 scale for his defense and brilliant work. The defense was attended by the Deputy Chairperson of the People’s Consultative Assembly (MPR) RI and Gerindra Politician Ahmad Muzani. Humas UNS
Reporter: Y.C.A Sanjaya
Editor: Dwi Hastuti