Perbuatan Tercela Sebagai Salah Satu Alasan Pemakzulan Presiden Dan/Atau Wakil Presiden Dalam Kajian Hukum Pidana Di Indonesia

Abstract

The purpose of this study is to find out what is meant by the President and/or Vice President committing a disgraceful act in the concept of criminal law, so that they can be impeached. By using normative legal research and approaches to legal concepts, laws and their history. The results of the research are as follows: First, all actions that are contrary to the Criminal Code are disgraceful acts for the President/Vice President; Second, the religious values, social culture of the Indonesian nation, as well as moral principles in the Criminal Code have been compiled in Pancasila and the 1945 Constitution, therefore any deviation from the behavior of the President/Vice President against the 1945 Constitution is a despicable act; Third, all disgraceful acts of the President/Vice President that violate criminal law offenses are subject to criminal sanctions in accordance with the Criminal Code, so that disgraceful acts that have been formally regulated in the Criminal Code are not the meaning of disgraceful acts as referred to in Article 7A of the 1945 Constitution, because the limitations of criminal acts have been determined can impeach the President/Vice President, namely: corruption, bribery, and other serious crimes; Fourth, the disgraceful act of the President/Vice President in Article 7A of the 1945 Constitution is an act of violating the 1945 Constitution as a reference to the rules of criminal law.

Studying the Reprehensible Actions Clause in the Development of Digital Technology as a Policy for Termination of National Offices

“…Meanwhile, a legal expert named Moeljatno is of the opinion that there are 3 meanings of "despicable acts", namely first, disgraceful acts are all acts that fulfill the written formulation of the law; secondly, disgraceful acts are acts that according to Indonesian society are reprehensible, both according to customs and religion and are detrimental to society; third, a disgraceful act is an act carried out by the perpetrator who understands and is aware, both physically and spiritually, that the act is detrimental to society, but 4th INCLAR he still does it, so that he is criticized by society, even though he is not intentional or because he is negligent in his obligations [8].…”

“…If we trace it to legislation, on the one hand it regulates conventional disgraceful acts, for example Law Number 24 of 2003 concerning the Constitutional Court [5], Law Number 7 of 2017 on General Elections [6] and Law Number 14 of 1985 concerning the Supreme Court and its Amendments [7], which What is meant by disgraceful acts are acts that can lower the dignity of state officials, namely criminal acts that fall within the realm of conventional criminal acts [8].…”