ANALISA STUDI ATAS PASAL 218 UNDANG-UNDANG NO 1 TAHUN 2023 TENTANG KUHP PERSPEKTIF SIYASAH DUSTURIYAH

Aririn Sagita, S.H, NIM.: 22203011039 (2025) ANALISA STUDI ATAS PASAL 218 UNDANG-UNDANG NO 1 TAHUN 2023 TENTANG KUHP PERSPEKTIF SIYASAH DUSTURIYAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The article on insulting the President and Vice President is back in the spotlight after being reintroduced in Law Number 1 Year 2023 on the Criminal Code (KUHP), even though it was previously declared unconstitutional by the Constitutional Court through Decision Number 013-022/PUU-IV/2006. This legislative policy has sparked public debate, particularly in relation to the guarantee of freedom of expression in a democratic state of law. In this context, this research aims to critically examine the article on insulting the President and Vice President, both from a positive legal point of view and an Islamic perspective, especially in the frame of freedom of speech according to the principle of siyasah dusturiyah. This research uses a normative juridical method with a statutory approach, philosophical approach, and Islamic approach. The data collection technique is done through library research, by examining relevant primary, secondary, and tertiary legal materials, such as laws, court decisions, as well as fiqh literature and Islamic political thought. The results of this research show that legally, the revival of the offense of insulting the President and Vice President in the Criminal Code, namely the act of insulting the President, often creates tension, the implications of this act include legal implications, political implications and social implications. From an Islamic perspective, especially in the siyasah dusturiyah theory, insults are indeed a disgraceful act that is prohibited, but Islam does not close the scope for criticism of leaders, as long as it is conveyed with good manners and aims to uphold the truth and realize the public benefit. Thus, protection of freedom of opinion remains an important principle that must be maintained, both in the national legal system and within the framework of Islamic values.

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