Autocratic Legalism in the Formation of Legal Products During Jokowi’s Administration: A Critical Analysis of Article 218 Of Law Number 1 Of 2023 Concerning The Penal Code

Abstract

There is a problem of legal products in Indonesia with the ratification of Law Number 1 of 2023 on the Criminal Law Code, which is the emergence of an article that prohibits attacking the honor or dignity of the President and Vice President. This article is allegedly an embodiment of an autocratic legalism. The issue raised is how autocratic legalism in the formation of legal products occurs in the era of the Jokowi administration and what are the legal implications. This research aims to describe autocratic legalism, analyze Article 218 of the latest Criminal Code, measure the legal impact, and recommend future improvements and changes. This research is a doctrinal or normative juridical research with qualitative analysis using statutory and case approaches. This research method is descriptive analysis. The results of this study illustrate that autocratic legalism is a dangerous understanding. The application of this understanding in Indonesia during the Jokowi administration is the existence of Article 218 of the latest Criminal Code Law which prohibits everyone in public from attacking the honor or dignity of the President or Vice President. This article is not based on legal principles. As a result, it creates repressive laws and the protection of human rights is neglected. So, it is necessary to try to stop this autocratic legalism by maintaining the independence of law enforcement officials, institutional reform of political parties, and creating collective popular control.