Ahead of Verdict, Delpedro Files Challenge to Incitement and False News Provisions at the Constitutional Court
Ahead of a verdict in a case linked to alleged electronic incitement during August protests, Lokataru Foundation director Delpedro Marhaen has filed a constitutional challenge (uji materi) of Articles 246, 263 and 264 of Law No. 1 of 2023 on the Penal Code with the Constitutional Court (MK). The articles concern incitement against the general authorities and the dissemination of false information. Delpedro submitted the challenge one day before he and three fellow defendants are due to have the verdict reading in the case brought in the Central Jakarta District Court (PN) on Friday.
“Submitting a request for judicial review relating to Article 246 on incitement, and the related Articles 263 and 264 on false information contained in the Penal Code,” Delpedro told the MK building in Jakarta on Thursday (5/3). He added that the articles are the very provisions that have ensnared him and many other political prisoners.
“We are still in the trial, and the verdict will be delivered tomorrow. These articles have also ensnared numerous political prisoners over the August demonstrations,” he said. “Thus, this is our struggle, our bid to overturn these provisions, as part of our effort to assist fellow political prisoners to be released soon.”
Delpedro expressed hope that the MK would grant the full matter. He argued that many people have been prosecuted under these provisions. “We hope this constitutional challenge forms part of an effort to safeguard democracy and human rights amid these rubbery provisions that, in fact, have already been repealed in the old Penal Code but are still adopted in the new formulation of the Penal Code and used to criminalise people—students who speak critically in public spaces, even through social media,” Delpedro said.
Delpedro’s legal counsel, Fauzan Alaydrus, added that the provisions being challenged are instruments of the state to criminalise human rights defenders and others working in advocacy. “Therefore, we regard this as an important effort to reclaim spaces for democratic discourse and to ensure everyone can express opinions publicly, including via social media,” Fauzan stated.
The essence of the petition is to have the Constitutional Court declare Articles 246, 263, and 264 of the Penal Code unconstitutional to the extent that they are not interpreted in line with the constraints of the old Penal Code. In the old Penal Code, incitement is regulated under Article 160, while the spread of false news sits in Article 490.
Delpedro Marhaen, administrator of @gejayanmemanggil Syahdan Husein, Lokataru Foundation staff Muzaffar Salim, and Universitas Riau student Khariq Anhar will face a verdict reading in the alleged incitement case on Friday, 6 March 2026. They were previously charged with a two-year prison term.
According to the prosecutors, the defendants were proven to have incited electronically in relation to demonstrations from 25-30 August 2025 that culminated in rioting, damaging public facilities and injuring police officers, as stated in the third indictment.