Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)

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Overview of Legal Assurance About Crimes Against the Dignity of the President and Vice President in Indonesia Post the Decision of the Constitutional Court

Authors
Fitria Esfandiari1, *, Nur Putri Hidayah2, Yaris Adhial Fajrin3, Isdian Anggraeny4, Sholahuddin Al-Fatih5
1,2,3,4,5Faculty of Law, University of Muhammadiyah Malang, Indonesia
*Corresponding author. Email: fit.esfan@gmail.com
Corresponding Author
Fitria Esfandiari
Available Online 22 November 2021.
DOI
10.2991/assehr.k.211102.171How to use a DOI?
Keywords
Legal Certainty; Humiliation of the President and Vice President; Dignity
Abstract

In the Indonesian constitution, the President is the holder of government power as well as the head of state. The Constitutional Court in Indonesia through its Decision Number 013-022/PUU-IV/2006 and Number 6/PUUV/2007 stated that the articles contained in the Criminal Code are in principle contrary to basic human rights. This study aims, First, to analyze the reformulation of articles on crimes against the dignity of the President and Vice President after the decision of the Constitutional Court. Second, reformulation of the regulation of criminal offenses against the dignity of the President and Vice President in the future. The research method used is normative juridical by examining library materials, both primary legal materials, and secondary legal materials. The results of the research, firstly, the articles on insulting the President and the Vice President do not explicitly mention limitations so that it can create legal uncertainty. Second, the provisions regarding haatzai articlesen and lese majeste do not have a binding force so that their inclusion in the draft Criminal Code is unconstitutional. The implications of the decision of the Constitutional Court in the legal system in Indonesia require that policymakers pay attention to the principles of human rights which in practice prioritize equality before the law, protection of freedom of opinion by the constitutional mandate.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
22 November 2021
ISBN
10.2991/assehr.k.211102.171
ISSN
2352-5398
DOI
10.2991/assehr.k.211102.171How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

risenwbib
TY  - CONF
AU  - Fitria Esfandiari
AU  - Nur Putri Hidayah
AU  - Yaris Adhial Fajrin
AU  - Isdian Anggraeny
AU  - Sholahuddin Al-Fatih
PY  - 2021
DA  - 2021/11/22
TI  - Overview of Legal Assurance About Crimes Against the Dignity of the President and Vice President in Indonesia Post the Decision of the Constitutional Court
BT  - Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
PB  - Atlantis Press
SP  - 80
EP  - 83
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211102.171
DO  - 10.2991/assehr.k.211102.171
ID  - Esfandiari2021
ER  -