Yusril: Insulting the President is an Absolute Complaint Offence, Requires Direct Report

Coordinating Minister for Law, Human Rights, Immigration and Corrections Yusril Ihza Mahendra has stated that law enforcement officials, particularly the Police, do not have the authority to act on alleged insults against the President or Vice President without a direct complaint from the individuals concerned. This follows the latest ruling by the Constitutional Court (MK), which reinforces the nature of the offence as an absolute complaint offence under the articles governing insults to the head of state.

“Without a direct complaint from the President or Vice President who feels insulted or whose dignity has been degraded, law enforcement cannot proceed against the perpetrator based on Article 218 and Article 219 of the Criminal Code (KUHP),” Yusril said in a written statement on Thursday (13/8).

Yusril explained that the MK rejected the judicial review of the substance of the criminal offence regarding insulting the President’s honour under Articles 218 and 219. However, the court granted the petition concerning Article 220 of the KUHP, which regulates the prosecution mechanism or the nature of the offence. He stressed that the ruling strictly limits who has the legal standing to file a complaint, and that ministers, presidential aides, or supporter groups cannot represent the President in such matters.

The government stated it will fully respect and implement the MK’s final and binding decision. Yusril also instructed the Indonesian National Police to use the ruling as the sole reference in applying the relevant articles to avoid multiple interpretations. He further assured the public that this rule would not suppress freedom of expression, noting that criticism remains protected within Indonesia’s democratic system as long as it does not cross the legal boundaries clarified by the Constitutional Court.