Abstract

This research aims to analyze the constitutional court's considerations in decriminalizing the formulation of the article on insulting the president and vice president in the Criminal Code and to analyze criminal law policy regarding the urgency of the article on insulting the president and vice president in Law No. 1 of 2023. Using normative legal research methods. The results of this research are that criminal policy, like public policy in general, must basically be a rational policy, one measure of the rationality of criminal law policy, among others, can be linked to the usefulness and effectiveness in making a rule so that it becomes a measure of rationality placed on the problem of the success or effectiveness of the criminal in achieving his goals. The regulation of the substance of the formulation of articles on insulting the president and vice president in Law No. 1 of 2023 is not in accordance with the spirit of the Constitutional Court decision Number 013-022/PUU-IV/2006 which states that Article 134, Article 136 bis, and Article 137 of the Criminal Code do not have binding legal force. Apart from that, the Constitutional Court has ordered not to re-regulate the offense of insulting the president and vice president in any law, because it is considered to hamper or reduce the freedom of freedom to express opinions both orally and in writing as regulated in the constitution (1945 Constitution) which is stat fundamental norm.

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