Analisis hukum pidana tentang tindak pidana penghinaan terhadap pejabat negara (Studi Putusan Mahkamah Konstitusi Nomor 31/PUU-XIII/2015 tentang Yudisial Riview Kitab Undang-Undang Hukum Pidana)

Pangestu, Alifiani Yuan (2022) Analisis hukum pidana tentang tindak pidana penghinaan terhadap pejabat negara (Studi Putusan Mahkamah Konstitusi Nomor 31/PUU-XIII/2015 tentang Yudisial Riview Kitab Undang-Undang Hukum Pidana). Bachelor (S1) thesis, Wijaya Kusuma Surabaya University.

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Abstract

The development of increasingly sophisticated electronic information technology, of course, will lead to an increase in the quantity and quality of crime. Not a few people use the application as a means to criticize other people, for example artists, state institutions/officials, even the president, whose fall is even considered an insult to someone that can lead to legal consequences. The method used in this thesis is to use a research method. The Statute Approach is an approach that is achieved by reviewing all laws and regulations related to the legal issues they face. In the consideration of the Constitutional Court, it was explained that the validity and interpretation of Article 27 paragraph (3) of the ITE Law cannot be separated from the basic legal norms in Article 310 and Article 311 of the Criminal Code as a genus of delict which requires a complaint (klacht) to be prosecuted, must also be treated against acts committed prohibited in Article 27 paragraph (3) of the ITE Law, so the article must also be interpreted as an offense requiring a complaint (klacht) to be prosecuted before the Court. The formulation of this policy is divided into 2, namely the formulation of the study and the formulation of criminal sanctions. Where, people who insult state officials can be charged with Article 316 of the Criminal Code in conjunction with Article 27 paragraph (3) of the ITE Law, and criminal sanctions regulated in Article 45 paragraph (3) in conjunction with Article 30 of the Criminal Code.

Item Type:	Thesis (Bachelor (S1))
Uncontrolled Keywords:	Legal issues, Mahkamah Konstitusi, formulasi, penghinaan
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law
Depositing User:	Alifiani Yuan Pangestu
Date Deposited:	19 Apr 2022 00:20
Last Modified:	19 Apr 2022 00:20
URI:	http://erepository.uwks.ac.id/id/eprint/11662

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