Ancaman Hak Kebebasan Berpendapat Dalam RKUHP: Sebuah Perdebatan

Abstract

Indonesia is a legal state based on Pancasila. Socio-cultural diversity in the country of Indonesia has been fully described in the contents of Pancasila, therefore to deal with problems that arise in society, Pancasila must become a guideline or reference in determining legal action to be used as a settlement measure. The draft Criminal Law Code or RKUHP is an official instrument made by the government as a guideline in enforcing criminal law in Indonesia. The establishment of regulations that will be enforced in Indonesia should be based on the social and cultural values of the Indonesian people. The emergence of the RKUHP encourages the realization of a legal certainty. However, this legal certainty only applies to entrepreneurs who can rule without fear of threatening their position. The purpose of this writing is to find out the articles that pose a threat to freedom of expression. The methodology used as a reference in this article is to use a qualitative method with the type of literature review with the method of collecting data through literacy research from various articles and journals with a normative juridical approach that originates from law as the primary source.. The results of the discussion in this article contain the article in the RKKUP currently causing justice in society because the reform threatens human rights, especially the right to freedom of expression for the community. If the change is oriented towards the criminal law, it will also directly limit the people's opportunity to speak out. Demonstrations or rallies are a form of triggering public opinion that is guaranteed in law, but with the advent of the latest RKHUP, people's voices have been slowly silenced by those in power