PERGESERAN FORMULASI TINDAK PIDANA PENCEMARAN NAMA BAIK TERHADAP PEJABAT SETELAH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 31/PUU-XIII/2015

Aulia, Sabilatul (2024) PERGESERAN FORMULASI TINDAK PIDANA PENCEMARAN NAMA BAIK TERHADAP PEJABAT SETELAH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 31/PUU-XIII/2015. Bachelor (S1) thesis, Wijaya Kusuma Surabaya University.

	Text ABSTRAK.pdf Download (355kB)
	Text BAB 1.pdf Restricted to Repository staff only Download (288kB)
	Text BAB 2.pdf Restricted to Repository staff only Download (134kB)
	Text BAB 3.pdf Restricted to Repository staff only Download (215kB)
	Text BAB 4.pdf Restricted to Repository staff only Download (112kB)
	Text DAFTAR BACAAN.pdf Restricted to Repository staff only Download (227kB)
	Text cek plagiasi 1.pdf Download (28kB)
	Text cek plagiasi 2.pdf Restricted to Repository staff only Download (28kB)
	Text KTI.pdf Restricted to Repository staff only Download (250kB)

Abstract

Various cases of criminal acts of defamation against state officials have given rise to controversy. The application of the defamation article is considered to be contrary to the 1945 Constitution, namely the human right to express opinions. In this case, the research entitled "Shifting the Formulation of the Crime of Defamation Against Officials After the Constitutional Court Decision Number 31/PUU-XIII/2015" was raised with the first aim of finding out the status of the offense of defamation against officials according to the Criminal Code Juncto Article 45 paragraph (5 ) Law Number 19 of 2016 as an ordinary offense or complaint offense, secondly to find out the considerations of the constitutional court in decision number 31/PUU-XIII/2015 which annulled the enactment of Article 316 of the Criminal Code. The method used in this research is the Legislative Approach research method, which is an approach achieved by examining all statutory regulations related to the legal issues they face. Based on the research results, it can be concluded first: that the offense of defamation is based on the Criminal Code Juncto Article 45 paragraph (5) of Law no. 19 of 2016 concerning changes to Law no. 11 of 2008 concerning Information and Electronic Transactions (ITE) is a complaint offense, namely a case of insult that occurs if a party makes a complaint. This means that the public or officials who feel aggrieved are considered to have defamed their good name, meaning that legal officials cannot take the initiative to carry out investigations and investigations if there is no complaint from the aggrieved party. Second: Consideration of the Constitutional Court in Decision Number 31/PUU-XII/2015, the provisions of Article 319 of the Criminal Code which actually regulates the offense of complaints (klacht delicten) in the case of insult/defamation, but when the party or person insulted is a civil servant or state official who are carrying out their duties, the provisions for the complaint offense will change to not being a complaint offense or an ordinary offense (gewone delicten) based on Article 316 of the Criminal Code. Thus, the existence of Article 319 in conjunction with Article 316 of the Criminal Code opens up the possibility of an insult or defamation being processed by law enforcement officials based on: a) the victim's report, namely the person who directly feels harmed by the act of insult or defamation; b) reports of other people who are not directly harmed by, and are not even the target of, the act of insult or defamation; or c) processed directly by law enforcement officials without reports or complaints from anyone. The parallel between officials and the people in Decision Number 31/PUU-XIII/2015 is not appropriate because in administrative law, officials and the people are two legal subjects whose hierarchical levels are differentiated. officials hold a higher role in the administrative hierarchy than the people. officials have an obligation to serve the interests and needs of the people, and are responsible for the actions taken in carrying out their duties. Keywords: Legal issues, Constitutional Court, Formulation, Insult.

Item Type:	Thesis (Bachelor (S1))
Subjects:	K Law > K Law (General) K Law > KD England and Wales K Law > KF United States Federal Law
Divisions:	Faculty of Law
Depositing User:	Sabilatul Aulia Bila
Date Deposited:	21 Nov 2024 01:58
Last Modified:	21 Nov 2024 01:58
URI:	http://erepository.uwks.ac.id/id/eprint/17900

Actions (login required)

View Item

Downloads