Rizanizarli
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The Alignment of Strike Regulations in Article 256 of the Criminal Code with Human Rights Principles Ameilia, Viera; Rizanizarli; A. Gani, Iskandar
International Journal of Law, Crime and Justice Vol. 3 No. 2 (2026): June: International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v3i2.960

Abstract

The reform of criminal law through Law Number 1 of 2023 concerning the Criminal Code introduces provisions on demonstrations in Article 256, which impose criminal sanctions on organizers who fail to notify authorities when activities potentially disrupt public interest or public order. This provision has generated debate from a human rights perspective due to the ambiguity of the phrase “disruption of public interest” and the broad discretion granted to law enforcement officials. In practice, such discretion is reflected in the prohibition of demonstrations, refusal to issue Acknowledgment of Receipt of Notification Letters (STTP), and even the dissolution of activities, despite the legal framework requiring only notification rather than permission. This study aims to analyze the conformity of Article 256 of the Criminal Code with human rights principles. The research employs a normative juridical method using statutory and conceptual approaches. Data were collected through library research and document studies of primary, secondary, and tertiary legal materials, then analyzed qualitatively using descriptive-analytical and prescriptive methods through legal interpretation and argumentation. The findings indicate that, normatively, Article 256 is generally consistent with human rights principles because it seeks to balance freedom of assembly with the protection of public interests and reflects the principles of universality, inalienability, and state obligation. However, challenges remain in its implementation, particularly regarding vague legal norms, broad official discretion, and the risk of disproportionate restrictions. These issues may affect the principles of non-discrimination and the protection of freedom of expression and assembly. Therefore, the implementation of Article 256 requires greater consistency, proportionality, and clearer limitations on official discretion to ensure compliance with human rights standards.
A Legal Analysis on the Crime of Insulting the President and/or Vice President in the Criminal Code Based on the Principle of Freedom of Expression Wildana, Afnan; Rizanizarli; Muazzin Muazzin
International Journal of Law, Crime and Justice Vol. 3 No. 2 (2026): June: International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v3i2.961

Abstract

Articles 218–220 of Law Number 1 of 2023 concerning the Criminal Code regulate the offense of insulting the President and/or Vice President. These provisions constitute complaint-based offenses, meaning prosecution can only proceed upon a complaint filed by the President or Vice President as the direct victim. Nevertheless, the regulation raises various legal issues concerning criminalization policy, human rights protection, and its practical implementation in law enforcement. This study aims to analyze the regulation of insults against the President and/or Vice President from the perspective of criminal law principles and the guarantee of freedom of expression. The research employs a normative juridical method using statutory, conceptual, and case approaches. Data were obtained from secondary legal materials, including primary and secondary sources, and analyzed qualitatively. The findings indicate that the provisions serve as a form of social control intended to protect state interests, particularly the dignity and honor of the state, as represented by the President and/or Vice President. The regulation is not designed to create discrimination against the principle of equality before the law. Its application is limited by Article 218 paragraph (2), which excludes certain expressions from criminal liability, and Article 220, which establishes the offense as complaint-based. Therefore, protecting the honor of state officials must remain balanced with safeguarding citizens’ freedom of expression.