DEMOCRACY AND HUMAN RIGHTS PERSPECTIVE ON THE ARTICLE ON INSULTING PRESIDENT AND VICE PRESIDENT IN LAW NUMBER 1 OF 2023 CONCERNING CRIMINAL CODE

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.