Birdah Elhusna, Aufiya (2024) Tinjauan Yuridis Terhadap Tindak Pidana Dengan Sengaja Menghina Penguasa Didepan Umum (studi Kasus Putusan Nomor 76/pid.b/2023/pn Pbr). Other thesis, Universitas Islam Riau.

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Abstract

The crime in the decision case Number 76/Pid.B/2023/PN Pbr that occurred in the Pekanbaru District Court in the criminal case of deliberately insulting the ruler in public committed by the defendant Al-Qudri to Drs. H. Syamsuar, M.Si as the Governor of Riau for the 2019-2024 term. The accused protested by carrying a yellow orange printed banner with the words "Arrest Governor Dracula" and on the left of the writing there was a caricature of the figure of Dracula with a face like the face of Drs. H. Syamsuar, M.Si which contained symbolic meanings of negative behavior that made Drs. H. Syamsuar, M.Si feel humiliated and humiliated. For the actions of the defendant, the public prosecutor dropped charges under article 207 of the Criminal Code The formulation in this study is How the process of proving the offense of contempt committed in a criminal act intentionally insulting the ruler in public in case Number 76/Pid.B/2023/PN Pbr, and how the legal considerations of the Panel of Judges in sentencing a criminal offense to deliberately insult the ruler in public through decision Number 76/Pid.B/2023/PN Pbr. The method used by the author in this study is a normative legal research method, namely literature law research is a method or method used in legal research carried out by examining existing library materials and connecting with the decision of the Pekanbaru District Court judge who decided case Number 76 / Pid.B / 2023 / PN Pbr. While the nature of the research is descriptive analytical, thus the author provides a clear and detailed picture. That is to provide an overview of the problems found to be related to each other relavan and logically and juridically to find out the picture and light and detail about the case of decision 76/Pid.B/2023/PN Pbr. From the results of research that evidence in contempt offenses relies a lot on witness statements and statements or opinions from experts. Because in insult there is no limit to where a word has insulted a person and the meaning contained therein. But freedom of opinion is not unlimited, the limit is to ensure that the opinions expressed do not harm others. One of them is that the opinions conveyed make someone feel humiliated and damage one's self-esteem. The judge has the obligation to find the law and determine the law for a case to be resolved, for that the judge's decision must contain the basis for legal consideration In accordance with the criminal act committed by the defendant has fulfilled the element of contempt of the ruler in public article 207 of the Criminal Code. The defendant was sentenced by the Panel of Judges to be legally and conclusively proven guilty and sentenced to imprisonment for 4 (four) months.

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