House of Representatives Commission XIII member overseeing law, human\nrights, immigration and corrections, Rieke Diah Pitaloka, has welcomed\nthe Constitutional Court (MK) ruling on the presidential insult article,\nwhich was partially granted by the court.<\/p>\n
In its ruling, the MK affirmed based on the constitution that only\nthe president and vice president may report alleged violations of the\ninsult article. Rieke assessed that the ruling serves as a\ncounterbalance between two interests: the personal honour of the\npresident\/vice president and the people\u2019s freedom to speak, criticise,\noversee and correct power.<\/p>\n
\u201cThe MK did not abolish the criminal offence of insulting the\npresident\/vice president, but affirmed that such cases can only be\nprosecuted based on a complaint by the president and\/or vice president,\u201d\nRieke said in Jakarta on Friday (14\/8), as quoted from Antara.<\/p>\n
According to her, ruling Number 275\/PUU-XXIII\/2025 has provided an\nimportant constitutional limitation on Article 218, Article 219 and\nArticle 220 of Law Number 1 of 2023 on the Criminal Code (KUHP), and\nmust therefore be viewed as an effort to balance these two\ninterests.<\/p>\n
Rieke explained that the president is a public official, not a person\nimmune to criticism.<\/p>\n
According to her, criticism of policy is not an insult, oversight is\nnot a personal attack, and difference of opinion is not a crime.<\/p>\n
Therefore, she said, the application of Article 218 and Article 219\nof the KUHP must not become a gateway to the criminalisation of\ndissenting voices.<\/p>\n
She said the National Criminal Code has provided room for acts\ncarried out in the public interest or in self-defence. This principle\nmust serve as the primary safeguard in law enforcement.<\/p>\n
The same principle, according to her, must be applied in the digital\nspace. Law Number 1 of 2024 on Electronic Information and Transactions\n(ITE) regulates defamation or attacks on honour through electronic\nsystems, but these provisions have a validity period linked to the entry\ninto force of the National Criminal Code.<\/p>\n
\u201cThe National Criminal Code has been in force since 2 January 2026,\nso harmonisation between the KUHP and the ITE Law regime must be carried\nout carefully to avoid overlap and layered criminalisation,\u201d said the\nPDIP politician.<\/p>\n
Rieke reminded that the digital space must not become a lawless\nspace, but also must not become a space without a constitution.\nCriticism conveyed through social media remains part of freedom of\nexpression as long as it does not fulfil the elements of a criminal\noffence.<\/p>\n
\u201cI emphasise that a state of law must not turn feelings of offence\ninto a criminal offence,\u201d she said.<\/p>\n
Through the ruling, Rieke assessed that it further affirms that law\nenforcement officials are obliged to clearly distinguish criticism,\nsatire, opinion, oversight and correction from insult, defamation,\nthreats or other criminal offences.<\/p>\n
\u201cOfficials must examine context, intent, target, public interest,\nform of expression, and whether the criminal elements are fulfilled. A\nsingle sentence must not be taken out of context and then used as a\nlegal trap,\u201d said Rieke.<\/p>\n
With the issuance of the MK ruling, Rieke recommended that the\nNational Police and the Attorney General\u2019s Office must apply MK ruling\nNumber 275\/PUU-XXIII\/2025 consistently.<\/p>\n
\u201cNo third party may act in the name of the president\/vice president\nto initiate criminal proceedings for insult,\u201d she said.<\/p>\n
Furthermore, assessment of such matters must be based on context,\nevidence, criminal elements, proportionality and public interest.<\/p>\n
She also recommended that the government and the DPR must ensure\nharmonisation of the National Criminal Code with the ITE Law and all\ncriminal regulations to prevent overlapping norms that create legal\nuncertainty and a chilling effect on freedom of expression.<\/p>\n
\u201cWe are not choosing between the honour of the president and the\nfreedom of the people. We are ensuring that both remain in\nconstitutional balance,\u201d she said.<\/p>\n
She added that the president must be respected as a human being and a\nstate official. But presidential power must remain open to criticism as\npublic power. For democracy is not a garden where only praise may grow,\nbut democracy is a space where criticism, correction and the courage to\nspeak the truth remain alive.<\/p>\n
\u201cDo not let the law become a wall that silences the people\u2019s voice.\nMake the law a bridge that safeguards human dignity while limiting the\narbitrariness of power,\u201d said Rieke, who is also known as an arts\nactivist.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/house-member-welcomes-constitutional-court-ruling-on-presidential-defamation-articles-1786676037", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }