CD Skripsi

Kontroversi Pengibaran Bendera Bintang Kejora Di Istana Negara Dalam Perspektif Hukum Pidana

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ABSTRACT
The raising of the Morning Star flag at the State Palace by Papuan
students caused a lot of controversy in various aspects, because some people
thought that the Papuan students' actions were treasonous but there were also
those who thought that it did not include treason. The purpose of this research is
to find out the actions taken by Papuan students have included the crime of
treason and to find out whether or not there are reasons for the elimination of
crimes in the name of democracy. The type of this research is normative legal
research based on library research using secondary data. This research uses
qualitative analysis and produces descriptive data.
From the results of the research, the authors conclude that from the
perspective of criminal law, the actions of Papuan students, namely conducting
demonstrations with one of the demands, namely wanting to separate themselves
from the territory of the Unitary State of the Republic of Indonesia accompanied
by the raising of the Morning Star flag are included in the crime of treason.
because in this case it has fulfilled the elements of treason in Article 106 of the
Criminal Code. In addition, there is no reproach to provide reasons for the
abolition of crimes to these Papuan students, because considering the state is in a
state of danger so that the state can free itself from its obligations and
responsibilities towards human rights and this is in line with Article 28J
Paragraph 2 of the 1945 Constitution of the Republic of Indonesia in order to
achieve the territorial integrity of Indonesia.
The author's suggestion is for the government to immediately form a new
norm regarding the crime of treason, in order to provide clarity in the formulation
of the criminal act of treason in the Criminal Code, to the Papua Provincial
government to immediately form a Special Regional Regulation regarding
regional symbols in Papua, and it is hoped that the government can again allow
the flying. the Morning Star flag as regulated by the previous Gusdur
administration and in order to revise the Government Regulation on Regional
Symbols by not including the Morning Star flag as a symbol of the separatist
movement, considering that the Morning Star flag is a cultural flag by the Papuan
people.
Keywords: Crime of Treason-Bintang Kejora Flag-Papuan Students

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0050)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2021

Deskripsi Fisik

xii, 29 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0050)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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