Jurnal Restorative Justice
Vol 6 No 2 (2022): Jurnal Restorative Justice

PENAFSIRAN PASAL 156 KUHP TERHADAP PENGHINAAN ATAS SUATU DAERAH DALAM KASUS TEMPAT JIN BUANG ANAK

Erdianto Effendi (Unknown)
Tri Novita Sari Manihuruk (Fakultas HUkum Universitas Lancang Kuning Pekanbaru)



Article Info

Publish Date
30 Nov 2022

Abstract

Insult to an area in the case of "where the genie throws children" is interpreted by Article 156 of the Criminal Code. Looking at the facts of the case, it can be seen that it is true that the expression "jinn throws away children" is a derogatory idiom or expression, but the object in that expression is a certain place or area or region, not the group of people who are there. As for the object referred to in Article 156 which becomes the object of the offense is a person or ethnicity, ethnicity or population group. The research method used is normative research. The results of the study show that in the case of the statement where the genie disposes of the child, even though the words are demeaning, the statement cannot be applied as an offense against a tribe, race or class, because the statement is addressed to a region or region not to a particular community. However, it is possible to apply Article 14 paragraph (2) or Article 15 of Law Number 1 Year 1946.

Copyrights © 2022






Journal Info

Abbrev

hukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Restorative Justice is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not limited ...