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Freedom of Expression in Regulating Criminal Acts of Defamation Against the Government and State Institutions
[journal article]
Abstract This research aims to analyze the regulation of criminal defamation against the government or state institutions, focusing on freedom of speech. The research method used is the normative research method with a legislative approach and legal concept analysis. This research employs primary legal mater... view more
This research aims to analyze the regulation of criminal defamation against the government or state institutions, focusing on freedom of speech. The research method used is the normative research method with a legislative approach and legal concept analysis. This research employs primary legal materials in the form of laws and judicial decisions and secondary legal materials such as law books, theses, dissertations, journals, and related literature. Data collection is conducted through a literature study, and legal materials are analysed using systematic interpretation. The research results show that the government has passed Law Number 1 of 2023 concerning the Criminal Code, and one of the articles that has sparked public debate is Article 240-241 of the Criminal Code, which deals with insults against the government or state institutions. This article has generated many opinions within the community regarding the criminalization of individuals who insult or excessively criticize the performance of the government or state institutions. This suggests that society faces limitations in expressing its aspirations and concerns when the state fails to fulfil its duties. However, freedom of expression, including criticism of the government or state institutions, is often treated as a criminal offence of insult under the prevailing law.... view less
Keywords
freedom of opinion; statuary regulation; offense; criminal law; Indonesia
Classification
Law
Free Keywords
Freedom of Expression; Defamation Crime; Government and State Institutions
Document language
English
Publication Year
2023
Page/Pages
p. 1008-1018
Journal
Path of Science, 9 (2023) 8
ISSN
2413-9009
Status
Published Version; peer reviewed