Uncovering the articles of Protection of State in the Criminal Code draft: Critical Notes on Articles of the Crime of Ideology, the humiliation of dignity of the President and Vice President and humiliation to the government

Author: Supriyadi W. Eddyono and Fajrimei A. Gofar

Number of Pages:vi, 98 pages

Impresum: Jakarta: ELSAM and National Alliance of Reformation of the Criminal Code, 2007

Series: <i>Position Paper</i> Reformation of the Criminal Code no. 7/2007

ISBN: -

Price: Rp 15.000

In the formulation of articles related to protection of the state in the Criminal Code draft, the fact that it is not so different from the settings in the Criminal Code of Dutch heritage. There is a real threat that the Criminal Code draft article which is intended as a means of criminal law aims to protect the interests of the state, on the other hand, it has potential to be a repressive tool of power. The Criminal Code draft provides settings that open up more to ensure human rights, on the contrary, the Criminal Code settings seem crueler than the Criminal Code. This explanation can be seen in the articles of the Criminal Code draft about humiliation which has broader range and likely even without limit.

Technically the articles formulation are apparently not well defined, so that the articles are used to protect the interests of these countries are ambiguous and lead to multiple interpretations thus become vulnerable to abuse and the next chapter sounds a threat to the protection, respect, and promotion of  the human rights.

With these limitations, Criminal Code draft is not only contextual to the needs of a democratic climate that is being built. However, far more than that, Criminal Code draft is trying to restore the jargon authoritarian regime. The settings of ideology crime, humiliation of dignity of the President and Vice President, and crimes against the legitimate government far away from the respect, protection, and promotion of the human rights

Table of content:

Chapter I.Introduction

 Chapter II. Criminal law and protection of the state: a brief description of the state protection arrangement in the criminal law of Indonesia

Chapter III. Ideology Crime in the Criminal Code draft

Chapter IV. Crime of insulting the dignity of the president and vice president in the Criminal Code daft.

Chapter V. Criminal contempt against the legitimate government in the Criminal Code draft (art. 284 and 285)

Chapter VI. Closing

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