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PENETAPAN PASAL 218-220 UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA DITINJAU DARI ASAS PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN
Indonesia is synonymous with its democratic scheme of government and is known as a country that upholds the value of law. Democracy gives meaning to the Indonesian government in the context of the foundation of the state and checks and balances within the organs of government, then provides a definition of the principles of equality and human position in law, and upholds the value of human rights. As a country that upholds the importance of human rights, Indonesia provides legal certainty for the community regarding freedom of speech as stipulated in the 1945 Constitution of the Republic of Indonesia Article 28E Paragraph (3) “Everyone has the right to freedom of association, assembly, and expression”. The state and the constitution must be able to guarantee the human rights of its people, one of which is freedom of speech. The right to freedom of opinion or personal freedom is also included in one of the ten basic human rights regulated under Law No. 39/1999 on Human Rights. In its application, the government often misinterprets the meaning of people's aspirations. Many members of the press, journalists and the general public have been charged with violating the right to freedom. One that is still memorable is the case of insulting the president by Eggie Sudjana in 2006, who then submitted a judicial review to the Constitutional Court and was finally granted in Constitutional Court Decision No. 013-022/PUU-IV/2006. The type of research used by the authors in conducting research is normative legal research or library research. Using secondary data in the form of various primary, secondary, and tertiary legal materials to examine the process of determining the offense of insulting the president in Indonesia in relation to the theory of the formation of laws and regulations. The statute research approach is used to examine, explore, and examine various laws and regulations that speak of the offense of insulting the president / vice president using a juridical-normative approach. The results of this study indicate that the process of determining Articles 218-220 of the Criminal Code when associated with Constitutional Court Decision No. 013-022/PUU-IV/2006 has no fundamental reason. The complaint offense in the article on insulting the president if dissected one by one with the touchstone of the principles or principles of the formation of good laws and regulations, there is material incompatibility or non-compliance if this article is still forced to be enforced, because in addition to only potentially killing democracy, this also has a bad effect on the life of society, nation and state in Indonesia
FAKULTAS SYARI'AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PENETAPAN PASAL 218-220 UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA DITINJAU DARI ASAS PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN (Text)
PENETAPAN PASAL 218-220 UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA DITINJAU DARI ASAS PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN (Other)
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348.598 Peraturan-Peraturan di Indonesia