Our Critique Of The Rulers' Anti-Criticism: The RKUHP And The Threats Within It

JAKARTA - A draft of the Draft Criminal Code (RKUHP) is circulating in the public. There are articles that are considered problematic. Some are ridiculous. Let's look at the two most highlighted because they threaten freedom of expression and democracy.

Several problematic articles, including articles on insulting the president and vice president and articles on insulting state institutions and public powers. Members of the House of Representatives (DPR) fall into that classification.

Contempt for insulting the president and vice president

The punishment for insulting the president and vice president is regulated in Part One, specifically in CHAPTER II CRIMINAL ACTIONS AGAINST THE DIGNITY OF THE PRESIDENT AND VICE PRESIDENT. Substantial points in this section are in Articles 217, 218, 219, and Article 220 paragraph 1.

Article 217 states, "Everyone who attacks the President or Vice President who is not included in the more severe criminal provisions shall be punished with imprisonment for a maximum of 5 (five) years."

Article 218 (1) contains, "Every person who publicly attacks the honor or dignity of the President or Vice President shall be sentenced to a maximum imprisonment of 3 (three) years and 6 (six) months or a maximum fine of category IV."

Paragraph (2) Article 218 explains, "It is not an attack on honor or dignity as referred to in paragraph (1) if the act is carried out in the public interest or in self-defense."

Furthermore, in Article 219 it is written: Any person who broadcasts, displays, or attaches writing or pictures so that it is visible to the public, listens to recordings so that they are heard by the public, or disseminates by means of information technology which contains an attack on the honor or dignity of the President or Vice President. with the intention that the contents are known or more publicly known, shall be punished with imprisonment for a maximum of 4 (four) years and 6 (six) months or a fine of category IV at most.

In Article 220 (1) the draft explains: Criminal acts as referred to in Article 218 and Article 219 can only be prosecuted on the basis of a complaint.

Criminalization of public powers and state institutions

Meanwhile, related to criminal acts against public power and state institutions, it is regulated in CHAPTER IX CRIMINAL ACTIONS AGAINST PUBLIC POWER AND STATE INSTITUTIONS. The substantial articles that are considered problematic are Articles 353 and 354.

Article 353 (1): Anyone who publicly orally or in writing insults a public authority or state institution shall be punished with imprisonment for a maximum of 1 (one) year and 6 (six) months or a fine of category II at most.

(2) In the event that the act as referred to in paragraph (1) results in a riot in the community, the punishment shall be a maximum imprisonment of 3 (three) years or a maximum fine of category III.

(3) The crime as referred to in paragraph (1) can only be prosecuted based on the complaint of the insulted party.

Meanwhile, Article 354 states: Any person who broadcasts, displays, or attaches writings or pictures or listens to recordings, or disseminates through information technology facilities that contain insults to public power or state institutions, with the intention that the contents of the insults are known or better known. by the general public shall be sentenced to a maximum imprisonment of 2 (two) years or a maximum fine of category III.

The main expert from the Presidential Staff Office (KSP) Ade Irfan Pulungan said that the articles of punishment for insulting the president are intended to protect the honor of the head of state as well as the head of government. The prestige of the president and vice president, said Ade Irfan, should be maintained.

"Because the content (draft) of the Criminal Code is to maintain the honor of the president as head of state, to maintain the honor of the state for the President of the Republic of Indonesia [Unitary State of the Republic of Indonesia ... Not today's president, Pak Jokowi [Joko Widodo], but forever," Ade Irfan, written by CNN Indonesia, Tuesday, June 8th.

"We really have to respect this president. How is the story that our head of state is the president, we arbitrarily slander on social media and continue to be known to the public... Where is the honor of our nation? Citizens of other countries will see, why is the president always like this , said Ade Irfan.

Chairman of the Indonesian Legal Aid Foundation (YLBHI) Asfinawati said, "This is really weird."

For Asfinawati, the articles above are a reflection of the anti-critical attitude of the authorities, both the government and the DPR. Asfinawati reminded that this attitude is not in accordance with the mandate of the 1945 Constitution. Democracy is already dead.

"This shows that the DPR and the government are anti-criticism and are not in accordance with the 1945 Constitution. The DPR is a state institution. So it means that the public voice is criticism. If a public institution cannot be criticized, it means it is no longer democracy."

Everyone's right to freedom of expression is threatened with suffocation. There is no other reasonable offer in order to maintain the implementation of the mandate of the Constitution and maintain democracy except to abolish these articles.

"It is very contradictory. We are a state party to the Covenant on Civil and Political Rights. Moreover, the amendment to the Constitution has included human rights. The colonial articles must be abolished."

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