Ahead of a verdict in a case linked to alleged electronic incitement\nduring August protests, Lokataru Foundation director Delpedro Marhaen\nhas filed a constitutional challenge (uji materi) of Articles 246, 263\nand 264 of Law No.\u00a01 of 2023 on the Penal Code with the Constitutional\nCourt (MK). The articles concern incitement against the general\nauthorities and the dissemination of false information. Delpedro\nsubmitted the challenge one day before he and three fellow defendants\nare due to have the verdict reading in the case brought in the Central\nJakarta District Court (PN) on Friday.<\/p>\n
\u201cSubmitting a request for judicial review relating to Article 246 on\nincitement, and the related Articles 263 and 264 on false information\ncontained in the Penal Code,\u201d Delpedro told the MK building in Jakarta\non Thursday (5\/3). He added that the articles are the very provisions\nthat have ensnared him and many other political prisoners.<\/p>\n
\u201cWe are still in the trial, and the verdict will be delivered\ntomorrow. These articles have also ensnared numerous political prisoners\nover the August demonstrations,\u201d he said. \u201cThus, this is our struggle,\nour bid to overturn these provisions, as part of our effort to assist\nfellow political prisoners to be released soon.\u201d<\/p>\n
Delpedro expressed hope that the MK would grant the full matter. He\nargued that many people have been prosecuted under these provisions. \u201cWe\nhope this constitutional challenge forms part of an effort to safeguard\ndemocracy and human rights amid these rubbery provisions that, in fact,\nhave already been repealed in the old Penal Code but are still adopted\nin the new formulation of the Penal Code and used to criminalise\npeople\u2014students who speak critically in public spaces, even through\nsocial media,\u201d Delpedro said.<\/p>\n
Delpedro\u2019s legal counsel, Fauzan Alaydrus, added that the provisions\nbeing challenged are instruments of the state to criminalise human\nrights defenders and others working in advocacy. \u201cTherefore, we regard\nthis as an important effort to reclaim spaces for democratic discourse\nand to ensure everyone can express opinions publicly, including via\nsocial media,\u201d Fauzan stated.<\/p>\n
The essence of the petition is to have the Constitutional Court\ndeclare Articles 246, 263, and 264 of the Penal Code unconstitutional to\nthe extent that they are not interpreted in line with the constraints of\nthe old Penal Code. In the old Penal Code, incitement is regulated under\nArticle 160, while the spread of false news sits in Article 490.<\/p>\n
Delpedro Marhaen, administrator of @gejayanmemanggil<\/span> Syahdan Husein,\nLokataru Foundation staff Muzaffar Salim, and Universitas Riau student\nKhariq Anhar will face a verdict reading in the alleged incitement case\non Friday, 6 March 2026. They were previously charged with a two-year\nprison term.<\/p>\n According to the prosecutors, the defendants were proven to have\nincited electronically in relation to demonstrations from 25-30 August\n2025 that culminated in rioting, damaging public facilities and injuring\npolice officers, as stated in the third indictment.<\/p>",
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