STUDI KOMPARATIF PASAL TINDAK PIDANA PENGHINAAN PRESIDEN DAN WAKIL PRESIDEN PADA KITAB UNDANG-UNDANG HUKUM PIDANA DENGAN RANCANGAN KITAB UNDANG-UNDANG HUKUM PIDANA PASAL 134 KUHP DAN 218 RKUHP

Abstract

The birth of the RKUHP or Draft Criminal Code has generated a lot of controversy in the community, one of which is related to the article on insulting the president and vice president. Which, if later this RKUHP is passed, will replace the previous Criminal Code. In the previous article in the Criminal Code, insulting the president is contained in article 134, namely "intentional insult of the president and vice president is punishable by a maximum imprisonment of six years or a maximum fine of four thousand five hundred rupiahs". However, in the 2019 RKUHP draft in article 218 paragraph (1) to article 220 of the RKUHP it describes attacks on the honor or dignity of the president and vice president, which have drawn a lot of controversy both regarding their relevance to the times and related to being a limitation of criticism or democracy. This study aims to find out the relevance of the current developments regarding articles that are considered to be articles that limit every aspect of society to criticize, eliminate or reduce the freedom of different opinions on government policies. This research is based on the type of normative legal research. In normative research, a study of law is carried out as a norm, namely researching and studying objects against its legal principles, through a statute approach to laws, as well as a historical juridical approach to sharpen the analysis of research legal material that aims to find out the basis -the rationale, historical background of laws and regulations governing insults or attacks on the honor or dignity of the president and vice president as stipulated in the criminal law code and the draft criminal law code

Keywords: contempt, freedom of expression and president and vice president