Ambigous law separates criticism from insult

Berni K. Moestafa, The Jakarta Post, Jakarta

Students and activists charged with insulting President Megawati Soekarnoputri might have fallen victim to the law's vague language, separating criticism from insult, legal experts said.

While criticizing the head of state is allowed, insulting her is not, according to the country's Criminal Code. Articles 134 to 137 of the Criminal Code outline various circumstances in which insults to the president or vice president occur.

But the articles lack details on what exactly constitutes an insult and what does not, said University of Indonesia criminal expert Rudy Satrio.

"So the interpretation of the law is very subjective," he told The Jakarta Post on Wednesday.

He said a picture or statement that protesters considered to be an expression of criticism could easily be considered an insult to others, especially to the persons the protests are aimed at.

President Megawati lamented on Tuesday what she said were unruly street rallies by students, and took particular issue with protesters stomping on her picture.

Speaking to supporters at the Indonesian Democratic Party of Struggle (PDI-Perjuangan), she said protesters like that made her want to "throw up" and that she felt like going after them, saying "I'll remember that face".

For the first time since the downfall of President Soeharto in 1998, protesters face a greater risk of arrest for insulting the head of state.

In a sign of what was to come, two protesters were sentenced to one year in prison when they were caught stomping on the official portraits of Megawati and Vice President Hamzah Haz, in October last year.

Later, a 20-year old activist in Aceh was sentenced to six months in prison for painting a red X on the pictures of Megawati and Hamzah.

Police are cracking down on several protesters who allegedly have insulted the President and Vice President during recent nationwide protests against increases in fuel prices, power and telephone charges.

Although demonstrations were much more violent during the terms of Megawati's two predecessors, Abdurrahman Wahid and B.J. Habibie, neither had taken offense at protesters' various antigovernment expressions.

"It is up to the police or prosecutors to decide what they think is an insult and therefore should be punished," said University of Indonesia legal expert Harkristuti Harkrisnowo.

The Criminal Code regulates insults against the heads of state as well as among citizens. Articles 134 to 137 stipulate that those who insult the president and vice president either directly, in public or during meetings, either through writing, pictures or publications could face a prison term of between one to six years.

But there is no explanation as to what would qualify as an insult.

Harkristuti said the loose definition in the Criminal Code meant that the police had more leeway in going after protesters.

However, she said that the final decision would rest with the judges who should be free of political pressure.

Indonesia's Criminal Code is the legacy of the Dutch law, with which the Dutch governed the country for some 350 years, Rudy explained.

"Their law was written in such a way that a mere hint of resistance toward the government was seen as an insult," he said.

Both Rudy and Harkristuti agreed that the political environment determined law enforcers' reaction toward the various messages conveyed during street protests.

Political analyst Hermawan Sulistyo said that the government was responding too harshly to the recent anti-Megawati protests, indicating its insecurity about its public image.

Demonstrations continued on Wednesday as several hundred students took to the streets in Jakarta shouting anti-Megawati slogans and demanding that she fight corruption and refuse foreign loans.