Coordinating Minister Yusril: The Difference between Criticism and Insults in the Criminal Code is Clear

JAKARTA - Coordinating Minister for Legal, Human Rights, Immigration, and Corrections (Menko Kumham Imipas) Yusril Ihza Mahendra said the difference between criticism and insults regulated in the Criminal Code (KUHP) is clear.

According to him, the two understandings will not be much different from what has been regulated in the old Criminal Code. However, he believes that it will be further clarified in the jurisprudence of court decisions that have developed after the new Criminal Code came into force.

"The old Criminal Code is actually very clear about what is meant by criticism, what is meant by insult; and I think it will not be far from that," said Yusril as quoted by ANTARA, Wednesday, January 7.

He explained that criticism is the presentation of an analysis of something, including an explanation of the parts that are considered wrong and at the same time a way out of the problem.

As for insults, according to him, it is an act of using words that degrade others.

"I think it will develop through jurisprudence," he said.

Coordinating Minister Yusril did not mind if the public delivered criticism, but not with insults. He said that insults were acts that could not be accepted by the public and were contrary to the rules of decency and decency.

On the other hand, he asked the public not to worry about freedom of expression because the articles related to insults against the head of state and state institutions in the new Criminal Code are delicts of complaint.

"If A is insulted, yes, A himself must report it, not his followers, or supporters, or staff," said Yusril.

"So if, for example, one institution is insulted, the institution that must report, complain. Imagine if the DPR is insulted, for example, it must first hold a plenary session to act as an institution," he added.

It is known that Article 218 of the Criminal Code only regulates the penalty for anyone who insults the president and/or vice president, while Article 240 of the Criminal Code only regulates matters concerning insults against state institutions.

Previously, Minister of Law Supratman Andi Agtas considered that the public could understand the difference between insults and criticism, even without having to read the new Criminal Code which has been in effect since January 2.

During a press conference at the Ministry of Law Building, Jakarta, Monday (5/1), Supratman said one form of criticism of the president and/or vice president is regarding government policies.

"If it's about policy, whatever is related to the policies taken by the government, I think there is no problem," he said.

On the other hand, he gave an example of one form of insult, namely the creation of indecent images of the president and/or vice president.

"Cooking as the head of state, head of government, there are indecent images? I think friends in the public know where the limits are insulting and criticizing," he said.

On the same occasion, Deputy Minister of Law Edward Omar Sharif Hiariej said that the only state institutions that could report alleged insults were the president and vice president, MPR, DPD, DPR, Supreme Court, and Constitutional Court,

Therefore, he said, the application of criminal punishment as a result of the alleged insult was very limited, and was a complaint offense. "In a complaint offense, the one who must complain is the head of the institution," explained Eddy, his nickname.