PARAMETERS OF THE REASON FOR SPECIAL CRIMINAL REMOVAL IN THE CRIMINAL ACT OF INSULTING THE PRESIDENT AND/ OR DEPUTY PRESIDENT
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Abstract
Currently, a new Criminal Code has been passed on December 6, 2022. One of the articles passed is about the criminal act of Contempt of the President or Vice President which until now has become problematic because it is considered to violate freedom of expression. However, there are specific grounds for criminal removal if it is done in the public interest or in self-defense. The issue is what parameters can be used as a basis for the act to be in the public interest and self-defense. The research method in this paper entirely uses literature studies (normative juridical), in addition to analyzing existing legal theories and legal principles but will also carry out legal interpretation using legal discovery methods in the form of interpretation or hermeneutics. The result of this study is that the parameters of the reason for the abolition of special crimes "in the public interest" that eliminate the unlawful nature of the act of attacking the honor, dignity, and dignity of the President and/or Vice President are accusations against the President and/or Vice President must be true in fact, meet the values of decency and fairness and are intended to protect the wider community. While the reason for the abolition of a special crime of self-defense has parameters that there must be an attack first, the attack can be in the form of his dignity and dignity, decency, property, body/life which must be unlawful in the sense that the action cannot be justified based on applicable laws and regulations, and the person attacked then accuses the President and/or Vice President can be justified if the accusation It really happened (the fact). Thus, guidelines are needed to provide interpretation of the implementation of the special criminal removal reasons so that they can be used as a guideline for law enforcement officials in enforcing the law in the event of an alleged criminal act of insulting the President and/or Vice President.
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