Constitutional Court Partially Grants Petition on Article Insulting the President
The Constitutional Court (MK) has partially granted a petition for judicial review of Law Number 1 of 2023 concerning the Criminal Code (KUHP) regarding articles on insulting the president and/or vice president. “The verdict partially grants the petitioners’ request,” said Chief Justice Suhartoyo while reading the ruling at the MK building in Central Jakarta on Wednesday (13/8/2026).
In its ruling, the MK declared that Article 220 paragraph (1) of the KUHP Law is contrary to the 1945 Constitution. The article also has no conditionally binding legal force as long as it is not interpreted that the criminal acts referred to in Articles 218 and 219 can only be prosecuted based on a complaint by the president and/or vice president.
In the legal considerations read by Constitutional Justice M Guntur Hamzah, the MK assessed that Article 218 paragraph (1) of the KUHP is not solely intended to protect the personal interests of the president or vice president. The norm also aims to safeguard the honour and authority of the presidential institution in the administration of state life.
Meanwhile, Article 218 paragraph (2) of the KUHP functions as a guarantee so that the protection of the honour or dignity of the president and/or vice president is not applied excessively. According to Guntur, this provision also preserves the space for freedom of expression for every citizen guaranteed in Article 28E paragraph (2) of the 1945 Constitution.
The MK also found no legal ambiguity or uncertainty contrary to the 1945 Constitution regarding the criminal elements in Article 219 of the KUHP. Moreover, this norm does not stand alone but is related to further provisions regarding criminal elements whose main actions are regulated in Article 218 of the KUHP.
Thus, the MK considered the petitioners’ argument that Articles 218 and 219 of the KUHP contradict equality before the law and government to be legally unfounded. This argument included alleged violations of the right to legal protection and certainty, freedom of expression, freedom of association and assembly, and the right to communicate and obtain information.
These rights are guaranteed in Article 27 paragraph (1), Article 28D paragraph (1), Article 28E paragraphs (2) and (3), and Article 28F of the 1945 Constitution. Guntur explained that the construction of the insult article in the old Criminal Code opened up space for broader application of the norm, potentially violating citizens’ rights to expression.
“In contrast to the new Criminal Code, the criminal act is formulated as a complaint offence so that prosecution can only be carried out if there has been a complaint,” said Guntur.
However, according to him, Article 220 of the new KUHP still leaves room for interpretation regarding who can file a complaint for the acts referred to in Articles 218 and 219. The phrase “can be made in writing by the president and/or vice president” in Article 220 paragraph (2) of the new KUHP indicates that a complaint can be made by the president and/or vice president or other parties.