The Meaning of the Phrase "Degrading Act" in the Criminal Offense of Insulting the President or Vice President

Abstract

This study examines Law No 1 of 2023 concerning the Indonesian Criminal Code, mainly focusing on the provision regarding the insult of the President and/or Vice President in Article 218, paragraph 1. The research employs a normative juridical approach, explicitly analyzing the grammatical interpretation of the phrase "Degrading Act". The findings indicate that the "Degrading Act" encompasses actions that disrupt judicial processes, threaten judges, and insult the judiciary. This includes defacement, writing, drawing, or damaging national symbols, even when such actions deviate from their intended form, size, or colour. Notably, the study demonstrates that the categorization of the "Degrading Act" extends beyond mere legal definitions, encompassing considerations of societal propriety. By providing a comprehensive analysis of the legal and societal dimensions of insulting state leaders, this research contributes to a more nuanced understanding of the evolving legal landscape in Indonesia. Furthermore, the study offers a clearer understanding of the legal aspects concerning insults towards state leaders and contributes to the changing legal landscape in Indonesia.