CRIMINAL LIABILITY RESPONSIBILITY AGAINST PRESIDENT OR VICE PRESIDENT

Abstract

Based on the basis of the interests of realizing the ideals and goals of a country, Indonesia
gives power to the President and Vice President as representatives of the state in conducting
the pace of government whose position and existence are highly protected. One of the efforts
to provide protection for the president and vice president is through an insult to the president
or vice president which is regulated in Article 134, Article 136 and Article 137 of the
Criminal Code (KUHP). Legal subjects that can be liable for criminal liability of contempt of
the president or vice president are individuals as well as individuals and corporations. To find
out the arrangements for insulting the president or vice president and their comparison with
the Netherlands, Germany, and Thailand and their forms of accountability. Type of legal
research used the rule of law approach, conceptual approach, and comparative approach.
Material sources consisted of primary legal materials, secondary legal materials, and nonlegal materials. The source of primary legal material came from laws and regulations, the
source of secondary legal material was obtained from legal publications and non-legal
material was obtained from the seminar. Regulatory insults to the president or vice president
are regulated in Article 207 of the Criminal Code, the Broadcasting Law and the ITE Law.
This arrangement is different from the Criminal Code in the Netherlands, Germany and
Thailand which regulates the rules of insulting the head of state as a separate legal rule that is
different from the insult to people in general. Legal subjects that can be liable for criminal
liability for an insult against the president or vice president are individuals (in the Criminal
Code and Broadcasting Law) as well as individuals and corporations (in the ITE Law). The
types of criminal sanctions that can be imposed are imprisonment or fines against individuals,
while those that can be imposed on corporations are criminal fines.