CRIMINAL REGULATION USING LANGUAGE IN THE CRIMINAL LAW CODE
The purpose of this research is to determine and analyse whether the legal resolution of criminal acts using language is currently in line with the objectives of justice, certainty, and legal utility. This research uses the statutory approach, conceptual approach, and case approach methods. Legal materials were collected through literature study by obtaining legal materials from documents such as legislation, books, reports, and scientific research results, as well as other library materials and inventories of legal materials, including primary, secondary, and tertiary legal materials. The results show that the application of criminal acts using language in the national life of Indonesia has not yet fulfilled the principles of justice, certainty, and utility. Indicators found in this research are many unclear and overlapping regulations that lead to interpretations. Currently, there are three regulations governing criminal acts using language, namely (1) the Criminal Law Code (2) the Information and Electronic Transactions Law and (3) the Law on the Elimination of Racial and Ethnic Discrimination. Some problematic issues are as follows: (1) The justifying reasons in Article 310 of the Criminal Law Code are not explained whether they are the same as the justifying reasons regulated in Article 49 of the old Criminal Law Code. (2) Defamation articles regulated in both the old Criminal Law Code and the new Criminal Law Code may or may not be applied not because of the basis of the act but because of the subjective value of the judge. (3) The meaning of "group" in the criminal act of spreading hatred against race and ethnicity has no limitations. (4) The article on insulting the president is reintroduced in the new Criminal Law Code, thus this article undergoes re-criminalization because it has been declared invalid by the Constitutional Court's decision, similarly with the incitement article which, in the Constitutional Court's decision, changes from a formal criminal act to a material criminal act in the new Criminal Law Code, returning to being a formal criminal act.
Criminal Acts; Language; Law.