Overview Of Legal Assurance About Crimes Against The Dignity Of The President And Vice President In Indonesia Post The Decision Of The Constitutional Court

Esfandiari, Fitria and Hidayah, Nur Putri and Fajrin, Yaris Adhial and Anggraeny, Isdian and Al-Fatih, Sholahuddin (2021) Overview Of Legal Assurance About Crimes Against The Dignity Of The President And Vice President In Indonesia Post The Decision Of The Constitutional Court. In: Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021). Advances in Social Science, Education and Humanities Research, 590 . Atlantis Press, pp. 80-83. ISBN 2352-5398

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Abstract

In the Indonesian constitution, the President is the holder of government power as well as the head of state. The Constitutional Court in Indonesia through its Decision Number 013-022/PUU-IV/2006 and Number 6/PUUV/2007 stated that the articles contained in the Criminal Code are in principle contrary to basic human rights. This study aims, First, to analyze the reformulation of articles on crimes against the dignity of the President and Vice President after the decision of the Constitutional Court. Second, reformulation of the regulation of criminal offenses against the dignity of the President and Vice President in the future. The research method used is normative juridical by examining library materials, both primary legal materials, and secondary legal materials. The results of the research, firstly, the articles on insulting the President and the Vice President do not explicitly mention limitations so that it can create legal uncertainty. Second, the provisions regarding haatzai articlesen and lese majeste do not have a binding force so that their inclusion in the draft Criminal Code is unconstitutional. The implications of the decision of the Constitutional Court in the legal system in Indonesia require that policymakers pay attention to the principles of human rights which in practice prioritize equality before the law, protection of freedom of opinion by the constitutional mandate.

Item Type: Book Section / Proceedings
Keywords: Legal Certainty, Humiliation of the President and Vice President, Dignity
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: v34_noc Fitria, A.Md.
Date Deposited: 29 Feb 2024 04:26
Last Modified: 29 Feb 2024 04:26
URI: https://eprints.umm.ac.id/id/eprint/182

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