Germany as an Example, Pigai Asks the Public Not to Worry About the Article on Insulting the President

Minister of Human Rights, Natalius Pigai, answers a journalist's question at the Ministry of Human Rights office, Jakarta, Monday (5/1/2026). ANTARA/Fath Putra Mulya

JAKARTA - Minister of Human Rights (HAM), Natalius Pigai, invites the public not to be too concerned about the article that regulates the prohibition of insulting the president in the new Criminal Code (KUHP).

Pigai said that the provision was not only regulated in Indonesia, but also other countries, one of which was Germany. However, according to him, there has never been a citizen who has been sentenced for the article in question.

"In Germany it exists, but never has the German chancellor imprisoned his people. So, don't worry too much," said Pigai as quoted by ANTARA, Monday, January 5.

For him, the article on insulting the president is a symbolic form of the state protecting the dignity of the head of state and the nation's honor. In order not to be misused, he said the article was categorized as a complaint offense.

"Only the person concerned reported and the person concerned carried out the pardon and withdrawal," he said.

Despite the complaint, he believes it is impossible for the head of state to imprison his citizens. "When the German chancellor wants to sue his people? Eggakbisa lah,enggakmungkin lah," he said.

Pigai said his party could not assess whether there was a human rights violation over the provision because the national Criminal Code only came into force on January 2, 2026.

"After this law is in place, then the implementation has actions that are contrary to human rights, it can only be assessed. Now it's just a law," he said.

On the other hand, Pigai admitted that the Ministry of Human Rights was not too involved in the drafting of the Criminal Code. However, he appreciated the drafting team because, according to him, the new Criminal Code contains human rights values.

"I'm talking honestly. Although we are not fully involved, I appreciate those who drafted this are people who understand human rights so that the content, when we read it after it is determined, turns out to contain human rights values," he said.

It is known that Article 218 of Law Number 1 of 2023 concerning the Criminal Code regulates that anyone who publicly attacks the honor or dignity and dignity of the President and/or Vice President is sentenced to a maximum of three years in prison or a fine.

Deputy Minister of Law Edward Omar Sharif Hiariej, explained, the article is a complaint offense. "So, it's very limited, and it's a complaint offense. In a complaint offense, the one who must complain is the head of the institution," he said.