Minister Supratman Welcomes Constitutional Court Ruling on Presidential Defamation Article
Law Minister Supratman Andi Agtas has responded to the Constitutional Court (MK) ruling on the article concerning insulting the President, which was partially granted by the Court.
In its ruling, the MK affirmed that, based on the constitution, only the President and Vice President may report an alleged offence of insult.
Supratman said the Criminal Code (KUHP) already regulates this provision. According to him, the MK ruling merely reinforces the existing rule.
“Our Criminal Code actually already has the same intent, doesn’t it? It is just that the MK has affirmed that only the President and Vice President may lodge a report. It is not much different; it only reinforces what was previously regulated in the KUHP,” Supratman said at the parliamentary complex in Jakarta on Friday (14/8).
He said the government welcomes the ruling so that there is no other interpretation of the article.
“It is actually good, and we support it, so there is no more interpreting that if it relates to the article on insult, it concerns the dignity and honour of the President and Vice President, then the President and Vice President themselves must lodge the report. I think the MK ruling is clear,” he said.
The MK previously affirmed that an alleged criminal act of insult can only be processed legally if it is reported directly by the President and Vice President.
This was affirmed by the Constitutional Court through ruling number 275/PUU-XXIII/2025, which reviewed Law Number 20 of 2025 on the Criminal Code, on Wednesday (12/08).
In its ruling, the MK does not allow an alleged insult to be reported by family members, sympathisers or volunteers of the President and Vice President.
“The ruling: to adjudicate, to grant the petitioners’ request in part,” said Chief Justice Suhartoyo when reading the ruling.
In its considerations, the MK assessed that the word “may” in Article 220 paragraph (2) of the Criminal Procedure Code opens up the possibility of interpretation.
The article previously read: “The complaint as referred to in paragraph (1) may be made in writing by the President or Vice President.”
According to the MK, that formulation could be understood to mean that a report of an alleged insult could be made not only by the President or Vice President but also by other parties.
Therefore, the MK affirmed that a complaint in a case of insult against the President or Vice President may only be submitted by the person concerned directly.
“The Court considers it important to harmonise the norm by affirming that such a complaint may only be made by the president and/or vice president,” said Constitutional Justice Guntur Hamzah when reading the considerations.