Law on 'insulting' rulers attacked<\/p>\n
The Jakarta Post, Jakarta<\/p>\n
Dubbed a country undergoing the transition to democracy,
\nIndonesia still appears unable to make a clean break with the old
\nperceptions that consider the ruler and symbols of the state
\nsacrosanct.<\/p>\n
Two students are standing trial on charges of insulting the
\nPresident and Vice President during two separate rallies against
\nthe government. They each face jail terms of up to six years.<\/p>\n
Prosecutors demanded on Thursday a 10-month jail term for Bay
\nHarkat Firdaus, a Syarif Hidayatullah State Islamic University
\n(UIN) student here, for burning pictures of President Susilo
\nBambang Yudhoyono and Vice President Yusuf Kalla during a protest
\nagainst the fuel price increases last month.<\/p>\n
He is charged under article 134 of the Criminal Code on
\nintentionally insulting the head of state and state officials.<\/p>\n
Meanwhile, Indonesian National Student Movement (GMNI) member
\nMonang Johannes Tambunan stands accused of publicly insulting the
\nhead of state, an offense that carries a maximum of six years in
\njail, during a rally to mark Susilo's 100th day in office in
\nJanuary.<\/p>\n
The two students have been detained by prosecutors.<\/p>\n
Frans Hendra Winata of the National Law Commission regretted
\nthe prosecution of students for expressing their discontent with
\nthe government.<\/p>\n
\"A demonstration is one way for members of the public to get
\ntheir voices heard. They can express their views through
\nprotests, anger, etc.,\" Frans said.<\/p>\n
A president, he added, should not necessarily feel disturbed
\nby such protests,<\/p>\n
\"Susilo was directly elected with more than 60 percent of the
\nvote -- there is no doubt about his legitimacy. He does not have
\nto respond to such expressions of discontent. All he needs to do
\nis display a democratic attitude and prove the critics wrong
\nthrough his successes,\" Frans said.<\/p>\n
He suggested that Susilo emulate the practice in the United
\nStates, where citizens are not prosecuted for criticizing their
\npresident, and are free to say whatever they like about the chief
\nexecutive.<\/p>\n
Frans pointed out that the prosecution of citizens for
\ninsulting the head of state dated back to colonial days, when the
\ngovernment was at pains to prevent people in the colony from
\ninsulting the queen.<\/p>\n
Despite the fact that Indonesia played a leading role in the
\ncampaign for decolonization around the globe following its
\nindependence in 1945, the governments of six presidents have
\nsince maintained the colonial legacy intact.<\/p>\n
Other colonial legal provisions that the government has
\nmaintained include the wide-ranging criminal libel law, which is
\noften used to muzzle the press.<\/p>\n
Frans said that a demonstration, even if it involved insults
\nagainst the head of state, was not a crime.<\/p>\n
\"It's a way of exercising freedom of expression and freedom of
\nspeech,\" he said.<\/p>\n
Political observer Fachry Ali was more cautious, saying that
\nthe courts should be the last resort in dealing with acts or
\nwords that were deemed insulting.<\/p>\n
\"What we have to do first is to warn the protesters against
\ncommitting any acts that may be deemed insulting,\" he said.<\/p>\n
He said that if the offense involved a university student, law
\nenforcers should ensure that he was formally reprimand by his
\nrector.<\/p>\n
\"There must be an element of education involved,\" he said.<\/p>\n
He said that it was necessary to promote ethical ways of
\ncriticizing others.<\/p>\n
\"If you want to make the criticism sharper, just put the facts
\nto the fore,\" Fachry said.<\/p>\n
He suggested that people focus their criticism on the
\ngovernment's anticorruption drive. (004)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/law-on-insulting-rulers-attacked-1447893297",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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