PENGHINAAN PRESIDEN DAN WAKIL PRESIDEN SERTA BATASAN KEBEBASAN BEREKSPRESI: STUDI HUKUM DALAM KONTEKS DEMOKRASI INDONESIA

This research examines the application of the article on insulting the President and Vice President in the Indonesian Criminal Code (Law No. 1 of 2023), particularly in the context of freedom of expression in a democracy. This research aims to analyze the balance between the protection of public officials and the right to freedom of speech. Using the normative juridical method, this research analyzes legal norms and cases related to insults. The results show that insults against the President and Vice President are regulated in Articles 218 paragraph (1), 218 paragraph (2), 219, 240, and 241 of the National Criminal Code. This act is classified as an attack on dignity which covers more than just insults, including slander, insults, and degradation. The elements of this crime include assault on dignity, intent, and dissemination through information technology. This crime is a formal offense and a complaint offense. However, these articles have weaknesses in the form of potential multiple interpretations and restrictions on freedom of expression, which risk criminalizing legitimate criticism and abuse of power.