Eva: Aturan penodaan bendera dalam RUU KUHP overregulation Jumat, 2 Juli 2021 08:18 WIB
Direktur Institut Sarinah Eva Kusuma Sundari, M.A., M.D.E. ANTARA/Dokumentasi Pribadi. Semarang (ANTARA) - Mantan anggota Komisi III DPR RI Eva Kusuma Sundari menilai aturan penodaan terhadap bendera negara dalam RUU KUHP
overregulation (regulasi berlebihan) karena sudah ada hukum khusus (
lex specialis) yang mengaturnya.
Menjawab pertanyaan ANTARA di Semarang, Jumat pagi, Eva K. Sundari yang juga Direktur Institut Sarinah mengatakan bahwa suatu perbuatan masuk dalam suatu aturan pidana umum dan aturan pidana khusus maka hanya yang berlaku adalah yang khusus.
Sesuai dengan Pasal 63 Ayat (2) Kitab Undang-Undang Hukum Pidana (KUHP) yang masih berlaku hingga sekarang, lanjut Eva K. Sundari, yang diterapkan adalah Undang-Undang Nomor 24 Tahun 2009 tentang Bendera, Bahasa, dan Lambang Negara, serta Lagu Kebangsaan.
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you d make a lot better of a law professor than i would make media anchor. you were great. and just to recap, you know, the bullets there, is exactly this notion if we were running out, same-sex rights, marriage advocates are running out because if it s in a statutory level, so that plays keep away from the united states supreme court. which we don t think is ready. so, in so far as these were statutes, it could be struck down under state provisions, but if there s a big dent, there s no way that a court could actually use a institution. so, all of those state amendments passed like in 2004 when everybody thought it was a big republican get out the vote effort, that was the consequence of that. there can never be a state court ruling that gives gay people equal rights. exactly. so what you need in these 30 states is the nuclear option of bringing a federal constitutional claim. where federal law clashes with
professor than i would make media anchor. you were great. and just to recap, you know, the bullets there, is exactly this notion if we were running out, same-sex rights, marriage advocates are running out because if it s in a stat choir level, so that plays keep away from the united states supreme court. which we don t think is ready. so, in so far as these were statutes, it could be struck down under state provisions, but if there s a big dent, there s no way that a court could actually use a institution. so, all of those state amendments passed like in 2004 when everybody thought it was a big republican get out the vote effort, that was the consequence of that. there can never be a state court ruling that gives gay people equal rights. exactly. so what you need in these 30