Minister Pigai: Saiful Mujani's Statement on Incitement to Rebellion Not Protected by Constitutional Freedom of Expression
Human Rights Minister Natalius Pigai has assessed that the opinion expressed by Saiful Mujani, suspected of being an incitement to rebellion, is not guaranteed by the constitution.
“(The statement) by Saiful Mujani is not automatically protected by the constitution because that statement has the potential to cause national instability,” said Pigai during a press conference at the Ministry of Human Rights office in South Jakarta on Monday.
According to Pigai, the government will always protect the public’s right to express opinions, including criticism.
Furthermore, Pigai stated that measured and constructive criticism from the public is very necessary to keep the government in check and to obtain good input in implementing people-oriented programmes.
He cited examples of criticism deemed legitimate and protected by the constitution, such as when Constitutional Law Expert Feri Amsari criticised the government’s policy on food self-sufficiency.
Also, Lecturer at Jakarta State University (UNJ) Ubedilah Badrun who criticised President Prabowo Subianto and Vice President Gibran Rakabuming Raka.
“So what is not allowed next? The expression of thoughts and feelings that provoke and create national stability,” said Pigai.
Pigai continued that if this opinion continues to circulate, the government situation will become unstable, thus potentially triggering chaos that will ultimately harm the public itself.
Therefore, Pigai views the reporting of Saiful Mujani by several parties to the police as an appropriate step.
Pigai is confident that the ongoing legal process in the police will prove that the opinion expressed by Saiful Mujani clearly violates the law.
“The court will later decide whether his opinion is appropriate or not, or contradicts human rights and the law,” he said.
Previously, Merah Putih Stratejik Indonesia (MPSI) reported an alleged incitement to overthrow the President outside of constitutional mechanisms to law enforcement officials, as an effort to maintain democratic practices running according to the rules.
MPSI Executive Director Noor Azhari said the report was submitted to investigators at the Directorate of Cyber Crime (Dittipidsiber) of Bareskrim Polri on Thursday, 9 April, attaching several pieces of evidence, including a transcript of the statement.
He emphasised that democracy must be practised within the framework of applicable law and constitution.
“Democracy must not stray from the constitutional track. Criticism is valid, but changes in leadership must go through the mechanisms provided,” he stated.