%0 Thesis
%9 Skripsi
%A Diajeng Shania Ramadhani, NIM.: 20103040175
%B FAKULTAS SYARI'AH DAN HUKUM
%D 2024
%F digilib:67522
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Tindak Pidana Martabat, Penghinaan, Presiden-Wakil Presiden, Putusan Mahkamah Konstitusi
%P 135
%T ANALISIS PENGATURAN HUKUM TINDAK PIDANA MARTABAT TERHADAP PRESIDEN DAN/ATAU WAKIL PRESIDEN DALAM UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA (STUDI BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 013-022/PUU-IV/2006)
%U https://digilib.uin-suka.ac.id/id/eprint/67522/
%X Based on the 1945 Constitution of the Republic of Indonesia, the authority of the President and/or Vice President includes roles as the Head of State, Head of Government, Commander-in-Chief of the Indonesian National Army, and Commander-in-Chief of the Indonesian National Police. The President and/or Vice President also represent the Indonesian state in the international arena. This forms the basis for the drafters of the Academic Draft of the New Criminal Code Bill or Law No. 1 of 2023 on the Criminal Code when arguing the original intent behind the Legal Regulation of Dignity Crimes against the President and/or Vice President. The drafters also noted that Dignity Crimes against the President and/or Vice President are part of the National Passive Principle or principles that involve protection and include exceptions for such crimes. However, the codification of Dignity Crimes against the President and/or Vice President is deemed contrary to Constitutional Court Decision No. 013-022/PUU-IV/2006, which declared that the Article on Insulting the President and/or Vice President in the Old Criminal Code was unconstitutional.  This research is a normative-qualitative study with descriptive-analytical characteristics. The approach used in this study includes a conceptual approach and a legislative approach. Data collection techniques involve library research, with data comprising primary legal data such as legislation and court decisions, secondary legal data including legal texts such as academic drafts, legal articles, legal journals, legal books, etc., as well as tertiary legal data from non-legal references that support the research.  The findings of this research indicate that, despite the exceptions for Dignity Crimes against the President and/or Vice President, there remains a need for high integrity by law enforcement officials to carefully interpret the relevant articles to ensure justice, as they are not formulated rigidly and limitatively. The relevant articles could potentially lead to power relations and conflicts of interest between the President and/or Vice President and the Indonesian National Police, the Indonesian Prosecutor's Office, or the Judiciary. The formulation of complaint-based offenses does not impact the potential adverse effects of the relevant articles. The House of Representatives needs to establish limitations through the formulation of norms concerning freedom of expression to avoid conflicts between criticism and insult. Since the Insulting the President and/or Vice President provisions in the old Criminal Code are similar to the Dignity Crimes against the President and/or Vice President, these provisions are unconstitutional and should be omitted from Law No. 1 of 2023 on the Criminal Code.
%Z Pembimbing: Dr. Ach. Tahir, S.H.I., S.H., LL.M., M.A., C.M., C.L.A.