Problems with the Reformulation of the Article on Insulting the President and Vice President in the Context of a Democratic State
Journal Title: International Journal of Social Science And Human Research - Year 2025, Vol 8, Issue 01
Abstract
This research aims to find out the problems of the Criminal Code regarding the reformulation of the article on insulting the President and Vice President in the context of a democratic country. The formulation of the problem discussed by the researcher is to significantly review the portion of protection given to the President and Vice President based on the legalized Criminal Code. This research also discusses the implementation of the Primus Interpares principle whether it is in accordance with the existing portion of the law and does not discriminate against the rights of the people in expressing criticism and is in accordance with the principles of democracy. This research includes normative legal research, with data collected based on written regulations and expert opinions. The results of this research show that in the principle of democracy, the relationship between the people and the leader is interrelated, because there is a check and balance mechanism. Therefore, any form of lex specialis protection of the President and Vice President cannot be justified in a country that adheres to the democratic presidential principle. In addition, although the government considers this insult article as a representation of the application of the principle of Primus Interpares, in the rule of Primus Interpares itself, the president cannot be Primus Interpares in cases related to the democratization of power values because the President has become Primus Interpares in running his government.
Authors and Affiliations
Raja Robert Marpaung, Paulus Sinatra Wijaya, Leo Famli, Prof. Dr. Ade Saptomo, S. H. , M. Si
Keywords
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