Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Muh. Rafli S
Universitas sembilanbelas November, Kolaka
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
ANALYSIS OF THE DECRIMINALIZATION OF THE OFFENSE OF INSULTING THE GOVERNMENT IN THE NEW CRIMINAL CODE FOLLOWING THE CONSTITUTIONAL COURT DECISION Muh. Rafli S; Yahyanto; Hasdin
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 6 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Constitutional Court Decision Number 282/PUU-XXIII/2025 declared Article 240 along with its Elucidation and Article 241 of Law Number 1 of 2023 on the Criminal Code (KUHP) to be contrary to the 1945 Constitution of the Republic of Indonesia and without binding legal force, so that the offense of insulting the government and state institutions can no longer be applied. This study aims to analyze the ratio decidendi of the decision and its legal implications for the guarantee of freedom of opinion and expression in Indonesia. This study is normative legal research using the statute, case, and conceptual approaches, with the primary legal materials, in the form of Constitutional Court decisions, analyzed qualitatively and prescriptively. The results show that the Court’s ratio decidendi rests on five main considerations: the prohibition on reviving a norm that has been declared unconstitutional, the distinction between the protection of the honor of individuals and of state institutions, the expansion of the objects of protection that gives rise to legal uncertainty, the insufficiency of the construction of the complaint-based offense, and the disproportionality that creates a chilling effect. The decision strengthens the guarantees of Article 28D paragraph (1), Article 28E paragraph (2) and paragraph (3), and Article 28F of the 1945 Constitution of the Republic of Indonesia, but the protection of officials’ personal honor now depends on other offenses based on individual complaints.
Co-Authors Hasdin Yahyanto