Jakarta \u2014 The Deputy Justice Minister Edward Omar Sharif Hiariej\nclarified that Articles 218 as well as Articles 240 and 241 in the new\nCriminal Code (KUHP) do not prohibit criticism relating to the public\ninterest.<\/p>\n
He explained that criticism in the public interest is detailed in\nArticles 240 and 241, which have identical explanations to Articles 218\nand 219, and that these articles contain grounds for the removal of\ncriminal liability if such criticism is made in the public interest.<\/p>\n
\u201cCriticism in the public interest is explained in Articles 218 and\n240 in that criticism and protests against a policy are not prohibited\nat all under these articles, and this falls within the scope of the\npublic interest,\u201d said Eddy, the familiar name for Edward, at the\nConstitutional Court hearing number 275\/PUU-XXIII\/2026 in the Plenary\nSession Hall of the Constitutional Court (MK), Jakarta, on Monday.<\/p>\n
Moreover, he said, the explanatory notes to the article state that\none form of protest or criticism is public demonstration.<\/p>\n
\u201cThis means Article 218 and its explanatory notes, as well as\nArticles 240 and 241 with their explanatory notes, permit demonstrations\nand permit criticism of the government and state institutions,\u201d he\nsaid.<\/p>\n
In the hearing chaired by Constitutional Court Chief Suhartoyo, Eddy\nexplained the background to Article 218 concerning attacks on the honour\nor dignity of the President and Vice President.<\/p>\n
This article was created through lengthy debate within the government\nteam when discussing it with the House of Representatives. The substance\nof this article rests on five reasons, namely that the function of\ncriminal law philosophically is to protect.<\/p>\n
\u201cArticle 218 concerns state interests. What is protected relates to\nsovereignty and matters of honour and dignity. The President and Vice\nPresident as the personification of the Indonesian state, so their\nhonour and dignity must be protected,\u201d he explained.<\/p>\n
The second reason is that in criminal codes throughout the world\nthere are articles or chapters concerning attacks on the honour and\ndignity of foreign heads of state, so it would be strange if Indonesian\nlaw protects the honour and dignity of foreign heads of state, whilst\nthe honour and dignity of the country\u2019s own head of state is not\nprotected.<\/p>\n
The third reason is the doctrine of social control. It is understood\nthat the President and Vice President have a minimum of 50 per cent plus\none of those with the right to vote.<\/p>\n
\u201cTherefore, this article was created as a channel, as a form of\nsocial control so that society does not act anarchistically,\u201d he\nsaid.<\/p>\n
Additionally, he said, to prevent this article from being used\narbitrarily. Therefore, this article is an absolute complaint offence,\nwhich only the President and Vice President may report.<\/p>\n
Then to prevent this article from becoming an abuse of authority by\nofficials, both in the article itself and in its explanatory notes it is\nstrictly limited in that the insult in question has two forms:\ndefamation and slander.<\/p>\n
Meanwhile, in Articles 240 and 241 it is also limited in that insults\nagainst the government and state institutions are limited only to the\nPresident, Vice President, People\u2019s Consultative Assembly, House of\nRepresentatives, Regional Representative Council, Supreme Court and\nConstitutional Court.<\/p>\n
\u201cSpecifically regarding complaint offences for state institutions,\nthis may only be carried out by the leaders of state institutions and is\nlimited to only six state institutions,\u201d said Eddy.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/deputy-justice-minister-clarifies-that-criticism-is-not-prohibited-under-articles-218-240-and-241-1773057292", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }