Ambigous law separates criticism from insult<\/p>\n
Berni K. Moestafa, The Jakarta Post, Jakarta<\/p>\n
Students and activists charged with insulting President Megawati
\nSoekarnoputri might have fallen victim to the law's vague
\nlanguage, separating criticism from insult, legal experts said.<\/p>\n
While criticizing the head of state is allowed, insulting her
\nis not, according to the country's Criminal Code. Articles 134 to
\n137 of the Criminal Code outline various circumstances in which
\ninsults to the president or vice president occur.<\/p>\n
But the articles lack details on what exactly constitutes an
\ninsult and what does not, said University of Indonesia criminal
\nexpert Rudy Satrio.<\/p>\n
\"So the interpretation of the law is very subjective,\" he told
\nThe Jakarta Post on Wednesday.<\/p>\n
He said a picture or statement that protesters considered to
\nbe an expression of criticism could easily be considered an
\ninsult to others, especially to the persons the protests are
\naimed at.<\/p>\n
President Megawati lamented on Tuesday what she said were
\nunruly street rallies by students, and took particular issue with
\nprotesters stomping on her picture.<\/p>\n
Speaking to supporters at the Indonesian Democratic Party of
\nStruggle (PDI-Perjuangan), she said protesters like that made her
\nwant to \"throw up\" and that she felt like going after them,
\nsaying \"I'll remember that face\".<\/p>\n
For the first time since the downfall of President Soeharto in
\n1998, protesters face a greater risk of arrest for insulting the
\nhead of state.<\/p>\n
In a sign of what was to come, two protesters were sentenced
\nto one year in prison when they were caught stomping on the
\nofficial portraits of Megawati and Vice President Hamzah Haz, in
\nOctober last year.<\/p>\n
Later, a 20-year old activist in Aceh was sentenced to six
\nmonths in prison for painting a red X on the pictures of Megawati
\nand Hamzah.<\/p>\n
Police are cracking down on several protesters who allegedly
\nhave insulted the President and Vice President during recent
\nnationwide protests against increases in fuel prices, power and
\ntelephone charges.<\/p>\n
Although demonstrations were much more violent during the
\nterms of Megawati's two predecessors, Abdurrahman Wahid and B.J.
\nHabibie, neither had taken offense at protesters' various
\nantigovernment expressions.<\/p>\n
\"It is up to the police or prosecutors to decide what they
\nthink is an insult and therefore should be punished,\" said
\nUniversity of Indonesia legal expert Harkristuti Harkrisnowo.<\/p>\n
The Criminal Code regulates insults against the heads of state
\nas well as among citizens. Articles 134 to 137 stipulate that
\nthose who insult the president and vice president either
\ndirectly, in public or during meetings, either through writing,
\npictures or publications could face a prison term of between one
\nto six years.<\/p>\n
But there is no explanation as to what would qualify as an
\ninsult.<\/p>\n
Harkristuti said the loose definition in the Criminal Code
\nmeant that the police had more leeway in going after protesters.<\/p>\n
However, she said that the final decision would rest with the
\njudges who should be free of political pressure.<\/p>\n
Indonesia's Criminal Code is the legacy of the Dutch law, with
\nwhich the Dutch governed the country for some 350 years, Rudy
\nexplained.<\/p>\n
\"Their law was written in such a way that a mere hint of
\nresistance toward the government was seen as an insult,\" he said.<\/p>\n
Both Rudy and Harkristuti agreed that the political
\nenvironment determined law enforcers' reaction toward the various
\nmessages conveyed during street protests.<\/p>\n
Political analyst Hermawan Sulistyo said that the government
\nwas responding too harshly to the recent anti-Megawati protests,
\nindicating its insecurity about its public image.<\/p>\n
Demonstrations continued on Wednesday as several hundred
\nstudents took to the streets in Jakarta shouting anti-Megawati
\nslogans and demanding that she fight corruption and refuse
\nforeign loans.<\/p>",
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