RUANG GELAP PASAL 160 KUHP PERSPEKTIF HAK ASASI MANUSIA

“Dark” Room Article 160 Of The Criminal Code From A Human Rights Perspective

Abstract

Several things that underlie the study of Article 160 of the Criminal Code seen from a human rights perspective include the potential for misuse, tends to be discriminatory, and has the potential to restrict freedom of speech. In fact, the Constitution guarantees the protection of human rights for every citizen. Legally, anyone who violates Article 160 of the Criminal Code must be punished, however, in the public space the use of Article 160 of the Criminal Code opens up a 'noisy' space as well as causing its own controversy and problems as revealed in the first sentence in this section. Therefore, the researcher looks deeper in the form of a question, namely: "Does the norm of Article 160 of the Criminal Code violate human rights?" The goal to be achieved is to find out and provide understanding to all stakeholders so that Article 160 of the Criminal Code is reviewed in the meaning of the formulation of its norms as well as to be careful in its application. This research is a normative-empirical legal research with the Law approach method, conceptual and case approach. The conclusion of this study is: first, the elements of Article 160 of the Criminal Code are contrary to Human Rights and the Principles of a Democratic State as long as they are not interpreted as material crimes or Article 160 of the Criminal Code is conditionally constitutional in the sense that it is constitutional as long as it is interpreted as a material crime. Second, although Article 160 of the Criminal Code has been reconstructed into a material crime as per the Constitutional Court Decision Number 7/PUU-VII/2009, in its application it is vulnerable to being misused by authoritarian rulers by creating field conditions