PENYULUHAN DAN PEMAHAMAN HUKUM TERHADAP PASAL PENGHINAAN PRESIDEN DALAM RKUHP DAN PERKEMBANGANNYA

Abstract

The legal issue that is currently being discussed among the public is related to the ratification of the Article on Insults to the President in the RKUHP which has caused controversy because it is considered to limit everyone from expressing and expressing opinions and has the potential to hinder criticism of government policies. This study aims to determine the legal understanding of the article on insulting the president in the RKUHP and its development in criminal law. The research method used is descriptive by analyzing a legal problem with the results of the study that insulting by criticizing are two different things. The community's criticism of a government policy cannot be subject to this article, but if someone insults the government's personal self so that it loses its dignity, then the article can be imposed on the condition that the person who feels insulted makes a complaint. The thing that distinguishes the insulting article in the RKUHP from the insulting article which was repealed by the Constitutional Court in 2006 is the type of offense that was previously an ordinary offense into a complaint offense.