Ariyadi, Ariyadi (2016) TINJAUAN YURIDIS DISKRESI PENYIDIK POLRI MENGENAI KEJAHATAN KEBENCIAN (HATE CRIME) TERHADAP PRESIDEN REPUBLIK INDONESIA DI MEDIA SOSIAL FACEBOOK DI TINJAU DARI UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK. S1 thesis, Universitas Sultan Ageng Tirtayasa.

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Abstract

Name: Ariyadi: This essay is entitled: "Overview of the Judicial Discretion Police Hate Crime Investigators (Hate Crime) against the President of the Republic of Indonesia in Social Media Facebook terms of Act No. 11 of 2008 on Information and Electronic Transactions". The background of this thesis are some examples of cases that have occurred presidential insult and sentenced to prison in the days of President Megawati to the days of the president Joko Widodo. At the time of the president's a student at the law 5 months in prison for committing a demonstration he was judged to be violating Article 137 of Criminal Code, in the days of President Susilo Bambang Yudhoyono, a Eggy Sudjana single indictment, namely Article 134 Penal Code in conjunction with Article 136bis, he gave a statement at the Commission on rumors is giving Jaguar car by an employer to the president. Article insult to the president from time to time has always been a contentious topic. That the provisions insult the president of the Criminal Code set out in article 134, 136bis, and 137, which insult the president of the Criminal Code article is revoked by the constitutional court in 2006 Number: 013-022 / PUU-IV / 2006. After that the government is trying to revive chapter insult the president in the Draft Book of Law Criminal Law, chapter II in Article 265 and 266 that sentence contained in category IV. With the development and sees the conditions it is thus, issues arise concerning how the application of criminal law against insults and humiliation article on how the president of the criminal law reform. Through the above two issues will also be discussed on how the article of insult against the president by a wide range of countries and settings in the future. In the discussion of this thesis, the problems that exist in the background will be discussed using normative legal research methods with the principles of law approach, the research conducted is descriptive. Thus this research is descriptive analysis using secondary data sources, such as library materials. The data obtained will be analyzed qualitatively. Results of the study revealed that the application of article of insult against the president have been regulated in the Criminal Code, but revoked by the constitutional court Number: Number: 013-022 / PUU-IV / 2006 on the basis that Article 134, Article 136bis and Article 137 statute books of criminal law contrary to the Constitution of the Republic of Indonesia in 1945. further development of the article be recalled by the government in RUKUHP that is contained in Chapter II of article 265 and 266, it will be a renewal in the book of criminal law.

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