Ratio Legis Pasal Penghinaan Presiden dan Wakil Presiden

Abstract

This research aims to solve the problem of the article on insulting the president and vice president which is considered to limit freedom of speech. This research is a normative legal research using legislative and conceptual approaches. This research explains that the article on insulting the President and Vice President has caused a lot of debate in the community. The article on insulting the President and Vice President in Law Number 1 Year 2023 on the Criminal Code is similar to articles 134, 136, and 137 of the previous Criminal Code. However, according to Constitutional Court Decision No. 013-022/PUU IV/2006, the article has been revoked because it is not in accordance with the 1945 Constitution and creates legal uncertainty. The purpose of this study is to determine the status of Articles 218 and 220 of Law Number 1 Year 2023 on the Criminal Code following the Constitutional Court Decision No. 013-022/PUU IV/2006 which has been declared null and void. As a country that upholds freedom of speech, the State is obliged to ensure that the Article on insulting the President and Vice President does not violate human rights and freedom of speech, as well as maintaining the principles of justice and transparency in law. therefore, there must be supervision and control for the application of the article on insulting the president and vice president so as not to abuse the article.