Setiawan, Peter Jeremiah and Nugraha, Xavier and Sutanto, Vincentius and Diaz, Marchethy Riwani (2021) Konstitusionalitas Perbuatan Tidak Menyenangkan Sebagai Tindak Pidana Ujaran Kebencian: Analisis Surat Edaran Kapolri Nomor: Se/6/X/2015. Jurnal Ilmiah Penegakan Hukum, 8 (1). pp. 74-82. ISSN 2355-987X (Print) ISSN 2622-061X (Online)
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Abstract
This article aims to analyze the position of unpleasant acts as a form of hate speech (haatzaai articlesen), which in fact the concept of unpleasant acts has been eliminated by the Constitutional Court Decision Number 1 / PUU-XI / 2013, The problem is focused on the constitutionality of wrongdoing. fun as a form of hate speech (haatzaai articlesen). In order to approach this problem, a theoretical reference from the element theory of crime and the theory of constitutionality of norms is used. This research is a normative legal research, so that the data is collected through literature studies, both on primary, secondary and tertiary legal materials. This research was analyzed qualitatively. This study concludes that: (1) With the Constitutional Court Decision Number 1 / PUU-XI / 2013 which is legally binding, then every legal norm in statutory regulations made after the Constitutional Court Decision must comply with the provisions with does not bring back the existence of the phrase "unpleasant actions". (2) Chief of Police Circular Number: SE / 6 / X / 2015 is not a statutory regulation (regeling), but a policy regulation (beleidsregel) which juridically results in the lack of authority to create new norms or restore the existence of norms that have been abolished by the Constitutional Court, so the concept of unpleasant acts in such a Chief of Police Circular is unconstitutional
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Unpleasant acts; Chief of Police Circular Letter; Hate Speech Crime |
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law |
| Depositing User: | PETER JEREMIAH SETIAWAN |
| Date Deposited: | 12 Jul 2021 04:39 |
| Last Modified: | 12 Jul 2021 04:39 |
| URI: | http://repository.ubaya.ac.id/id/eprint/39802 |
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