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All Journal Birokrasi: Jurnal Ilmu Hukum dan Tata Negara
Rizky Fauzi Ardian
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Apakah Pengaturan Pasal Penghinaan Presiden Mengancam Kebebasan Berpendapat Rizky Fauzi Ardian
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 2 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i2.1158

Abstract

Law is a guide for people in living their lives so that they are directed and avoid negative behavior. Freedom of expression, including criticism of the government, is often considered an insulting act that can result in legal action. This research aims to determine the limits of the criminal provisions for insulting the President and Vice President in the reform of criminal law (Law number 1 of 2023 concerning the Criminal Code) in Indonesia as well as analyze the provisions regarding insulting the President and Vice President who have the potential to threaten press freedom. The method used in this research is normative law, namely examining aspects of legal policy through studying the documents of Law number 1 of 2023 concerning the Criminal Code. The results of this research show that criminal law regulations regarding insulting authorities and state/government institutions, especially the President and Vice President, have developed over time. Constitutional Court (MK) decisions have an important role in establishing clear boundaries regarding expression and criticism of authorities and state/government institutions. Criticism of the performance of executive agencies can be a means of increasing government transparency and accountability. However, regulations governing insults against authorities and state/government institutions must pay attention to democratic principles and human rights.
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