JAKARTA - The Chairman of the PDI-P Djarot Saiful Hidayat assessed Pandji Pragiwaksono's content titled Mens Rea as an expression of criticism and social reflection conveyed through the medium of comedy art, which is essentially within the corridor of freedom of expression in the public space.
According to Djarot, the substance of the Mens Rea content must be understood in its context as criticism, satire, and personal opinion delivered without calling for violence.
"In a democratic country, this kind of expression is part of a legitimate public conversation and is protected by the constitution. The legal assessment of the inner intention (mens rea) in the expression of opinion should not be detached from its context, purpose, and its tangible impact on society," said Djarot as quoted by ANTARA, Friday, January 9.
Djarot emphasized that the 1945 Constitution explicitly guarantees the freedom of citizens to express their opinions.
The Constitution gives everyone the right to express thoughts and opinions, both orally and in writing, as well as to communicate and convey information through various means.
This constitutional guarantee is the foundation of democracy and should not be reduced by narrow or repressive interpretations of the law.
In addition, protection of freedom of expression is also emphasized in Law Number 39 of 1999 concerning Human Rights, which recognizes the right of every person to have, express, and disseminate opinions in accordance with conscience.
The state, through its apparatus, has an obligation to protect this right as long as it is carried out responsibly and does not violate strict constitutional limits, such as incitement to violence or hatred.
Independence of expressing opinions in public spaces is also emphasized in Law Number 9 of 1998, which places freedom of opinion as a prerequisite for democratic life.
Within this framework, criminal approaches to expressions of criticism - especially those delivered through art and comedy - should be a last resort.
The excessive use of criminal law has the potential to create public fear, silence criticism, and weaken the quality of democracy.
"Democracy lives from differences of opinion, criticism, and freedom of thought. A democratic rule of law should not slip into a country that is easily offended by its own citizens' expressions," said Djarot.
The DPP PDI Perjuangan encourages law enforcement officials to be wise, proportionate, and oriented towards the protection of human rights in addressing this matter.
Law enforcement must continue to uphold the principles of substantive justice, prudence in assessing the element of intention, and the spirit of maintaining civil freedom.
The PDI-P emphasized its commitment to continue to stand on the values of the constitution, democracy, and human rights, as well as to reject all forms of obstruction of legitimate freedom of expression in a democratic state.
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