Abstract:
observe and study, after it was declared unconstitutional by the Constitutional
Court in Decision Number 013-022/PUUIV/2006. It turns out that it was
reintroduced in the 2019 Draft Law on the Criminal Code (RUU KUHP) which has
now been ratified on December 6, 2022. Because of the revival of this article, many
people in Indonesia think and give opinions that the article on insulting the President
and Vice President removes the human rights of speech and democracy in
Indonesia. So what if Indonesia has an authoritarian President? From the author's
perspective, it is not something to worry about, if the President of Indonesia is
authoritarian and the President reports massively on the community, then the legal
apparatus will determine as long as it does not insult and defame the President. The
purpose of the author writing this research is to find out whether the revival of the
article on Insulting the President and Vice President has resulted in the elimination
of human rights in opinion and democracy in Indonesia or not. The author use
juridical-normative legal research method, this method tends to characterize law as
a prescriptive discipline. The result of this research is that the article on insulting
the President and Vice President after being declared unconstitutional by the
Constitutional Court, it turns out that it is contained in the new Criminal Code is
not contradictory or insubordination of the legislator to the Constitutional Court
Decision Number 013-022 / PUU-IV / 2006 and the honor, dignity of the President
and Vice President are still required to be protected through the provisions of the
laws and regulations.