Saiful Mujani Reported Under Incitement Clause Against Authorities
Political analyst Saiful Mujani now faces legal proceedings stemming from his statements narrated as inciting the overthrow of President Prabowo Subianto.
Mujani was reported by an individual named Robina Akbar from the East Jakarta Community Alliance to the Metro Jaya Police regarding alleged incitement. The report was registered under number LP/B/2428/IV/2026/SPKT/POLDA METRO JAYA, dated 8 April 2026.
“Yes, it is true he was reported on Wednesday, 8 April 2026, around 21:30 WIB,” said the Head of Public Relations of Metro Jaya Police, Kombes Budi Hermanto, when contacted on Thursday (9/4).
In the report, the complainant accused Saiful under Article 246 of the Criminal Code. This article regulates incitement against public authorities with a maximum penalty of four years’ imprisonment.
“Regarding Article 246 of Law 1/2023,” Budi stated.
Police are still investigating the report against Mujani. The complainant will later be clarified and asked for statements regarding the report, including the reasons for filing it.
Mujani has spoken out about the report. According to him, the report is a legitimate step, but it would be better if his statements were responded to with a reply.
“A legitimate step. But since this is in the realm of civil society and in the form of attitudes and opinions, it should just be responded to,” Saiful said when confirmed.
Mujani also stated that involving law enforcement authorities, in this case the police, to handle citizens’ opinions could impact democracy.
“It’s not good for democracy if the state [police] gets involved in handling citizens’ opinions and political attitudes, unless I have physically harmed someone or deprived someone of their freedom and rights,” he said.
“Just refute it, counter criticism with criticism, but it’s fine if they want to show more clearly that this country is becoming increasingly fascist,” he added.
Meanwhile, former Coordinating Minister for Political, Legal, and Security Affairs Mahfud MD assessed that Saiful Mujani’s statements regarding overthrowing President Prabowo Subianto cannot be categorised as treason.
Mahfud explained that in the new Criminal Code (KUHP), treason is regulated in one article, namely Article 193.
“The term treason is actually regulated in just one article, Article 193, two paragraphs, the first of which refers to treason intended to overthrow a government not in accordance with the Constitution. So, it intends to overthrow,” Mahfud said, quoted from a post on his personal YouTube account, Thursday (9/4).
This constitutional law expert stated that the KUHP explains that overthrowing the government means eliminating or changing the structure of the government in an unlawful manner according to the 1945 Constitution of the Republic of Indonesia.
According to him, Saiful Mujani’s statements cannot be said to fall into the category of treason if not followed by actions.
“Now, when does a speech eliminate? And what are the steps? What is being changed?” Mahfud said.
“Therefore, in Saiful Mujani’s statements, there is absolutely no element in the new KUHP Article 193, namely replacing and eliminating the government structure. Remember, it says government structure there. What is meant by government structure? The structure or the officials? It’s not clear, so calling it treason immediately is wrong, wrong, too emotional,” he added.
Nevertheless, Mahfud admitted he does not agree with efforts to overthrow the government in the middle of its term because it would only create further problems.
He urged the government to use criticism as material for evaluation to improve performance in the future.