Despite Apologising to Journalists, Hotman Paris Could Still Face Legal Action: Here's Why

Jakarta – The case of alleged insult against journalists involving prominent lawyer Hotman Paris Hutapea continues to develop. Amid the legal process currently being handled by the Metro Jaya Regional Police, legal expert Professor Henry Indraguna assessed that the alleged insult against the journalistic profession can be processed according to legal provisions if it meets criminal elements. The Professor at Sultan Agung Islamic University (Unissula) in Semarang emphasised that the journalistic profession is a crucial pillar of the democratic system, whose existence is guaranteed by the Press Law. “In a democratic state governed by the rule of law, the journalistic profession is one of the main pillars whose existence is guaranteed by Law Number 40 of 1999 concerning the Press,” said Prof Henry Indraguna on Thursday, 23 July 2026. According to Henry, criticism of a journalist’s questions is part of freedom of expression. However, it is different if the statement made leads to an insult to the profession. “Criticism of a journalist’s questions is legitimate, but insulting the dignity of the profession cannot be justified,” he said. Henry, who also serves as Chairman of the Supervisory Board of the Advocacy and Human Rights Agency of the Golkar Party’s Central Executive Board, said that a senior advocate should prioritise legal arguments when expressing opinions in the public sphere, rather than personal attacks. He added that if a statement is suspected of fulfilling the elements of a criminal offence, the legal process should be respected to provide legal certainty. “If the statement is suspected of fulfilling the elements of a criminal offence, then the legal process must be respected to provide legal certainty as well as a lesson for all parties to maintain public communication ethics,” he said. According to Henry, a public apology does have moral value. However, it does not automatically eliminate criminal liability if the elements of the offence have been fulfilled based on applicable legal provisions. He explained that investigators can later consider several regulations, including Article 315 of the Criminal Code concerning minor insult, Article 436 in conjunction with Article 437 of Law Number 1 of 2023 concerning the Criminal Code, as well as provisions in Law Number 40 of 1999 concerning the Press, specifically Article 4 Paragraph (3) regarding the guarantee of press freedom and Article 8 concerning legal protection for journalists. Nevertheless, Henry reminded that the Press Law does not specifically regulate criminal sanctions for insults against journalists. The legal assessment, he said, will depend on the results of the investigation and the evidence presented.