Pigai's remarks on Saiful Mujani's opinion regarding sedition

Jakarta (ANTARA) - Human Rights Minister Natalius Pigai assessed that political analyst Saiful Mujani’s opinion, suspected of being an incitement to sedition, is not guaranteed by the constitution.

“(The statement) by Saiful Mujani is not automatically guaranteed 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 legitimate criticisms protected by the constitution, such as when constitutional law expert Feri Amsari criticised the government’s policy on food self-sufficiency.

“Then what about the following, which is not allowed? The expression of thoughts and feelings that provoke and create national stability,” said Pigai.

Pigai continued that if such opinions continue to circulate, the governmental condition 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 the correct 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.

Previously, Merah Putih Stratejik Indonesia (MPSI) reported the alleged incitement to overthrow the President outside constitutional mechanisms to law enforcement authorities, 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 (9/4), attaching several pieces of evidence, including a transcript of the statement.

He emphasised that democracy must be conducted within the framework of applicable law and constitution.

“Democracy must not deviate from the constitutional track. Criticism is legitimate, but leadership changes must go through the mechanisms provided,” he said.

“Saiful Mujani’s statement is causing a stir and clearly constitutes an invitation to topple the legitimate President through an unconstitutional route in presidential transitions, as well as directing mass pressure as an instrument to bring down the legitimate government,” he stressed.

Noor Azhari assessed that this has the potential to disrupt public order and governmental stability if not handled seriously.

He emphasised that the mechanism for dismissing the President is clearly regulated in the constitution.

The 1945 Constitution clearly regulates the mechanism for dismissing the President through the DPR, the Constitutional Court, and the MPR as stipulated in Articles 7A and 7B.

In its report, MPSI also referred to several provisions in Law No. 1 of 2023 on the Criminal Code that are deemed relevant to the alleged violation.

“We have submitted the evidence to the investigators of Bareskrim Polri, hopefully the investigators will soon name Saiful Mujani as a suspect to hold him accountable for his actions,” he said.

Nevertheless, Noor Azhari emphasised that the legal steps taken are not to restrict freedom of opinion, but to ensure that democratic practices continue constitutionally.

“Democracy must remain constitutional; no one in this country should casually destroy the democracy of this nation,” he said.