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‘Living Law’ in the Draft Criminal Code
Formalizing customary laws in the RKUHP is not essential to humanize indigenous peoples. The development and transformation of customary laws and indigenous peoples cannot be prevented.
Law reform, including criminal law reform, is necessary to accommodate society’s ever-changing need for justice.
However, the Criminal Code Bill (RKUHP) currently being deliberated at the House of Representatives (DPR) still contains several articles that are disputed by a civil society concerned that those articles will result in excessive criminalization.