Mahfud Defends Saiful Mujani Over Reports of Alleged Treason and Incitement

Professor of Political Science at UIN Syarif Hidayatullah, Saiful Mujani, has been reported to the Metro Jaya Police over allegations of incitement against the authorities, stemming from statements accused of urging the downfall of President Prabowo Subianto. Additionally, Saiful has been reported for alleged treason related to remarks made during a recent Halal Bihalal event for observers. However, former Constitutional Court (MK) Chief Justice Mahfud MD asserts that the treason and incitement reports against Saiful Mujani are clearly unfounded. The former Coordinating Minister for Political, Legal, and Security Affairs (Menkopolhukam) even stated that Saiful Mujani’s statements are guaranteed by the constitution. “His statements (Saiful Mujani’s) are accommodated from a constitutional perspective,” said Mahfud, quoting the official YouTube account of Mahfud MD Official, which was aired on Wednesday (22/4). In a podcast interview attended by Saiful Mujani, Mahfud referenced Articles 28, 28E to 28E paragraph 3 of the 1945 Constitution, which broadly state that opinions or political stances are human rights guaranteed by the constitution. “So, having a stance has a constitutional basis,” said Mahfud. “Therefore, it must still be protected. Now there is a law, Law No. 9 of 1998, which protects him (Saiful) in expressing opinions in public,” added Mahfud. Mahfud explained that those in power or the President also have laws regarding how to replace them. “If conventionally, there is the Election Law, MD3 Law, up to the MK Law on impeachment and so on. So, it’s equally protected. Therefore, what Saiful Mujani said linked to treason doesn’t add up,” Mahfud stressed. Mahfud explained that under the rules, the definition of treason must fulfil the elements or criminal offence. Mahfud then quoted Article 193 of Law No. 1 of 2023 on criminal acts of overthrowing the government. “It’s clear that what is meant by overthrowing is first, nullifying the government structure, and second, replacing the government. Well, did he (Saiful) intend to nullify the government? Did Saiful’s statement create a government structure? This government structure doesn’t exist. It’s just expressing an opinion. It can’t,” said Mahfud. Mahfud then referenced the incident involving General Soemitro Sastrodihardjo through the Malari (15 January Disaster) in 1974. At that time, according to Mahfud, Soemitro had already drawn up a government structure, so Soemitro’s movement was called treason. In addition, Mahfud quoted Article 191 regarding treason that explains physical treason by holding the president hostage or making the president unable to work. “If Article 191 is about physical treason, this clearly doesn’t apply,” said Mahfud. Furthermore, Mahfud also referenced Article 192 regarding treason that attempts to divert Indonesian territory to foreign parties or separatist movements that cause loss of sovereignty. Regarding this article, Mahfud emphasised that Saiful Mujani never did that. Furthermore, Mahfud also views statements like Saiful Mujani’s as having been made in previous regimes before Prabowo. “So, in my opinion, the treason accusation against Saiful is made up. Besides, since the beginning of the government, statements like Mr Saiful’s have been plentiful. For example, in the past, there were calls for Habibie to step down, that Habibie was incompetent, nothing happened. Demonstrations calling for Gus Dur to step down because he was unfit to be president, SBY was demonstrated against for 10 years calling for him to step down, nothing happened. Why is it now (Saiful’s statement) being made an issue of treason?” said Mahfud. “This is not fair, it’s a waste of time and money, there’s no treason in this case. People expressing opinions are protected by the constitution. As long as there’s no criminal violation, do whatever. Make petitions and so on,” said Mahfud. Mahfud then referenced Nahdlatul Ulama’s decision from the Munas Alim Ulama in Cirebon, which issued a fatwa that the people do not need to pay taxes if corruption is not eradicated. “Was NU accused of treason? No. Even though that was instructing the people not to obey the law. Nothing happened. Because expressing opinions is protected by law,” said Mahfud. Mahfud also refuted the incitement charges levelled at Saiful Mujani. Mahfud believes that incitement is described as acts of inciting or urging others to commit a criminal act. In Saiful Mujani’s case, Mahfud is certain there was no intention from Saiful to do that. “Even if so, there must be an element of through violence, what violence did Saiful Mujani create?” said Mahfud. Mahfud then urged that reporting and accusations of treason and incitement behind someone’s opinion be stopped. Because it will create a bad precedent for subsequent regimes. “A little problem becomes a legal issue, eventually people get used to using the law to silence and criminalise others. Dangerous, eventually the next rulers will follow suit. Yesterday they did that, nothing happened. They criminalise others and it continues like that,” said Mahfud.