The Government's Striking Reply To Jusuf Kalla For Criticizing Without Calling The Police

JAKARTA - Former Vice President Jusuf Kalla questioned President Joko Widodo's (Jokowi) statement on how to convey criticism without being summoned by the police.

"A few days ago, the President announced that he was welcome to criticize the government, but many wanted to see, how to criticize the government without being summoned by the police," said Jusuf Kalla. Jusuf Kalla was conveyed during the launching of the National Democratic Forum for the PKS DPR RI faction as well as an online discussion at a YouTube account on Friday, February 12.

He considered that criticism is important for the government so that democracy can run well. Moreover, a democratic system should prioritize the interests of all parties.

Presidential Spokesperson Fadjroel Rachman said the delivery of cosmetic criticism was in accordance with the laws and regulations. The government also has an obligation to protect and respect this criticism.

He said President Jokowi's stance on accepting criticism and input was in accordance with the 1945 Constitution and applicable laws and regulations.

"So if you criticize in accordance with the 1945 Constitution and laws and regulations, there will definitely be no problem. Because the government's / state's obligation is to protect, fulfill and respect the constitutional rights of every citizen who are human rights without exception," said Fadjroel in his written statement.

However, he advised the public to carefully study the existing regulations, including the 1945 Constitution Article 28E Paragraph 3 and Article 28J in delivering criticism.

For people who want to have their opinion through social media, he said, they need to read and listen to Law 19 of 2016 concerning Amendments to Law 11 of 2008 concerning Electronic Information and Transactions (ITE).

This is because there is a criminal provision in Article 45 paragraph (1) concerning content that violates decency; paragraph (2) regarding gambling content; paragraph (3) regarding the content of insulting and / or defamation; paragraph (4) regarding the cargo of extortion and / or threats.

In addition, he alluded to the criminal provisions in Article 45a paragraph (1) concerning deliberate and unrighteous acts of spreading false and misleading news that harm consumers; and paragraph (2) regarding deliberate and unrighteous acts of disseminating information aimed at creating hatred or enmity for certain individuals and / or groups of society against SARA.

"There is article 45b about threats of violence or scare which is aimed personally," he said.

Finally, Fadjroel also asked people who wanted to convey criticism through demonstrations to read and listen to Law 9/1998 on Freedom to Express Opinions in Public.

Meanwhile, the Coordinating Minister for Political, Legal and Security Affairs Mahfud MD said, criticism like this already existed when JK became vice president to accompany Jokowi in the first term.

"In my opinion, since then there has been a dilemma on how to prevent these politicians from being summoned by the police because since the time Mr. JK was active in the vice president, criticism is also milling about and the government is faced with a dilemma if it is considered discriminatory, if not acted upon it becomes wild," he said. Mahfud MD in his video statement.

"Well, in Pak JK's era, we still remember there were, for example, Saracen, there was a Muslim Cyber Army, there was a Piyungan that attacked the government every day. It was in the era of Mr. JK, too, when people wanted to be acted on, people were noisy, when they were not acted on, people were also noisy. This is democracy, "he said.

He emphasized that the government received criticism to be considered in policy making. However, when this criticism led to a police report, Mahfud said he could not regulate this.

"We also cannot prevent people from reporting, reporting is the right of the people. It is not the government that reports if a critical person is reported to the police then the police call. Those who report have the right, then the police have an obligation if there is a report to be investigated. that's all, "he said.

"Even Mr JK's family reported to the police. Who was that? Ferdinand Hutahaean was reported to the police because he called Chaplin ... from a political phenomenon. The candidate for mayor of Makassar was also reported by Pak JK's family to the police. It's okay to report later to the police. then see if there is a criminal element or not, "he concluded.