MK ruling: Volunteers to Families Cannot Report Insults to the President

JAKARTA - The Constitutional Court (MK) has ruled that alleged criminal offenses of insulting the president and vice president can only be processed legally if reported directly by the president or vice president who is the target.

The ruling is contained in case number 275/PUU-XXIII/2025 which tests Law Number 20 of 2025 concerning the Code of Criminal Procedure (KUHAP). The ruling was read at the MK hearing, Wednesday, August 12.

In its ruling, the Constitutional Court also emphasized that allegations of insult cannot be reported by the family, sympathizers, supporters, or volunteers of the president and vice president.

"Amar the verdict, tried, granted the applicants' request for part of it," said Chief Justice Suhartoyo when reading the verdict.

In its consideration, the Constitutional Court assessed that the use of the word "can" in Article 220 paragraph (2) of the Criminal Procedure Code has the potential to create an interpretation that a report of alleged insult can not only be submitted by the president or vice president, but also by other parties.

Previously, the article read:

"The complaint as referred to in paragraph (1) may be made in writing by the president or vice president".

Therefore, the Constitutional Court emphasizes that complaints in cases of insults against the president or vice president can only be filed by the parties concerned directly.

"The court considers it important to provide coordination of norms by providing clarification that the complaint can only be made by the president and/or vice president," said Constitutional Justice Guntur Hamzah when reading the considerations.

The Constitutional Court also emphasized that the new law enforcement process can only be carried out if the president or vice president as the party who is the target of the act submits a written complaint.

With this ruling, volunteers, supporters, sympathizers, families, and other third parties cannot initiate criminal proceedings for alleged insults against the president or vice president based on their own assessment.

"So that there is no room for other parties, whether family, sympathizers, supporters, volunteers, or other third parties on behalf of the president and/or vice president to initiate criminal proceedings on the basis of their own assessment regarding the existence or non-existence of insults against the president and/or vice president," said Guntur.

Although it gave clarification regarding the parties who could file a complaint, the Constitutional Court did not cancel Articles 218 and 219 of the Criminal Code which regulate insults against the President or Vice President and the dissemination of such insults.

The Constitutional Court only changed the definition of Article 220 paragraph (1) so that it reads, "The criminal acts referred to in Articles 218 and 219 can only be prosecuted based on a complaint by the President and/or the Vice President."

Thus, the Constitutional Court's decision confirms that the existence of criminal provisions related to insulting the President and Vice President remains in force, but the prosecution process must be based on a complaint from the President and/or the Vice President concerned.