Basic Considerations for Recriminalization of Criminal Acts of Insultation Against the President and Vice President in the Draft of Criminal Code

DOI

10.2991/assehr.k.220404.179How to use a DOI?

Keywords

Criminal Acts of Humiliation; President and Vice President; Criminal Code

Abstract

Indonesia as a democratic legal state as regulated in the 1945 Constitution of the Republic of Indonesia places the people as the highest sovereignty holders. The criminal act of insulting the President and Vice President is a provision in the Dutch Criminal Code which is considered to limit democratic rights and is contrary to the 1945 Constitution of the Republic of Indonesia, so that through the Constitutional Court Decision Number 013-022/PUU-IV/2006, Article 134, Article 136 bis and Article 137 of the Criminal Code are declared to have no binding legal force. Then the Government criminalized the article on criminal offenses against the President and Vice President in the RKUHP. The purpose of this study is to find out how the basic considerations for the recliminalization of criminal acts of insult to the President and Vice President in the Criminal Code. The research method used is normative research with legal, historical and conceptual approaches, and the legal materials used are sourced from primary, secondary, and tertiary legal materials. The results of the study found that the basic considerations of the Government and the Indonesian House of Representatives in conducting the criminalization of articles on criminal acts of insulting the President and Vice President did not have strong legal reasons because the substance formulated had similarities with Article 134, Article 136 bis, and Article 137 of the Criminal Code which had been declared unconstitutional. by the Constitutional Court through the Decision of the Constitutional Court Number 013-022/PUU-IV/2006 because it is contrary to the 1945 Constitution of the Republic of Indonesia and the principles of democracy, including human rights. The government in making laws and regulations is expected to always adhere to the 1945 Constitution of the Republic of Indonesia so that it does not appear to want to limit the democratic rights of the people and every legal product that is formed can reflect justice, benefit, and legal certainty.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Recky Yachop Pardosi
AU  - R. Rahaditya
PY  - 2022
DA  - 2022/04/21
TI  - Basic Considerations for Recriminalization of Criminal Acts of Insultation Against the President and Vice President in the Draft of Criminal Code
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 1134
EP  - 1137
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.179
DO  - 10.2991/assehr.k.220404.179
ID  - Pardosi2022
ER  -