TINJAUAN TERHADAP DELIK PENGHINAAN DAN PENYERANGAN KEHORMATAN/HARKAT DAN MARTABAT PRESIDEN DAN/ATAU WAKIL PRESIDEN DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KUHP DALAM PERSPEKTIF KEBEBASAN BERPENDAPAT

The reloading of the article of insult or acts of attacking the honor, dignity and dignity of the President and Vice President in Law Number 1 of 2023 concerning the Criminal Code has actually become a polemic and a serious problem, especially in relation to freedom of expression and opinion considering that the article on insulting the President and Vice President in Law Number 1 of 1946 has been declared unconstitutional by the Constitutional Court, thus receiving a rejection response from various elements of society. The purpose of the research is to examine the regulation of democracy and freedom of opinion in Indonesia and the perspective of freedom of opinion on the insult offense. The formulation of the problem is how democracy and freedom of opinion in Indonesia and how to insult/attack the honor/dignity and dignity of the President and Vice President according to the perspective of freedom of opinion. The method uses a normative juridical approach using qualitative descriptive analysis with conceptual and legislative approaches. The results of the study show that ideologically and constitutionally, freedom of opinion is very much in line with the democratic system and the concept of the rule of law adopted by Indonesia because it guarantees and prioritizes the right of every citizen to express and express his opinion in any form. In the development of the government, the fact is that quite a lot of individuals have been reported for insulting the President so that the norms and practices are very different. Then the delicacy in the perspective of freedom of opinion in principle will clearly have the potential to be abused to limit the people's movement space, especially for those who protest and criticize government policies, considering that the government tends to be coercive and tendentious in the formulation of the article without considering the Constitutional Court's decision that prohibits the formulation of the article from being reloaded and does not have a strong legal basis so as to ignore the principles of the state of law and values democracy guaranteed by the Constitution. In conclusion, the insult of the President and Vice President carries a potential risk to the people, especially for those who protest, criticize or disagree with the policies and actions taken by the President and Vice President as the government.