STUDI PERBANDINGAN DELIK PENGHINAAN TERHADAP PRESIDEN DAN/ATAU WAKIL PRESIDEN DALAM UU NO 1 TAHUN 1946 PASAL (134, 136,137) DENGAN UU NOMOR 1 TAHUN 2023 PASAL (218, 219, 240, 241) TENTANG KUHP MENURUT PRESPEKTIF KEPASTIAN HUKUM

Abstract

Recently, there have been a lot of people, workers through trade unions, lecturer academics, as well as legal experts, professors of constitutional law, as well as social organizations conducting studies, criticizing and protesting against the ratification of Law Number 1 of 2023 concerning the Book of Laws. Criminal Law Act. This study discusses the comparison of the formulation in articles 134, 136 and 137 in law no. 1 of 1946 with articles 218, 219, 240 and 241 in law number 1 of 2023, the purpose of which is to know and understand (1) the difference in the formulation defamation offenses in articles 134, 136 and 137 in Law No. 1 of 1946 concerning Criminal Law Regulations with the formulation of offenses in articles 218, 219, 240 and 241 in Law No. 1 of 2023 concerning the Criminal Code, (2) legal force the offense of insulting the President/Vice President in Law No. 1 of 2023 concerning the Criminal Code is reviewed in the aspect of legal certainty. Normative legal research methods or normative legal research with an approach using the type or types of normative juridical research with a conceptual approach (conceptual approach). In the aspect of data sources used by means of literature studies and documentation studies in gathering information. The results of the research and discussion are (1) differences in the formulation of the offense of insult in articles 134, 136 and 137 in Law No. 1 of 1946 concerning Criminal Law Regulations with the formulation of the offense in articles 218, 219, 240 and 241 in Law No 1 of 2023 concerning the Criminal Code, including; in the formulation of the two laws have much in common (2) the legal force of the offense against the President/Vice President in Law No. 1 of 2023 concerning the Criminal Code is reviewed in the aspect of legal certainty, including; have disabilities in material and formal aspects. The conclusion is that in the formulation of the two laws, the formulation has many similarities and has defects in both material and formal aspects