KAJIAN KRITIS TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 013-022/PUU-IV/2006 TENTANG PEMBATALAN PASAL PENGHINAAN TERHADAP PRESIDEN

Abstract

This article discusses the legal reasoning used by the Indonesian Constitutional Court in its Decision No. 013-022/PUU-IV/2006. The object of the constitutionality review is Article 134, 136 bis, and 137 of the Indonesian Criminal Code which contained the ban of insult action toward the president/vice president. Those norms have been declared null and void based on the argument that those norms were not criminal acts. Hence, this article stresses that the annulment of those norms may give negative legal consequences toward the protection of president/vice president’s dignity. Freedom of speech is categorized as a right of expression in which its performance is undertaken restrictively. This article argues that the ban of insult action toward the president/vice president is a constitutional limitation to the freedom of speech. The status of president/vice president shall not be considered as equal with ordinary people since the president/vice president is the head of state and also the symbol of the state.