The Minister of Law and Human Rights Explains that Criticism is Not Prohibited in Articles 218, 240 and 241 of the New Criminal Code

Screenshot of Deputy Minister of Law (Wamenkum) Edward Omar Sharif Hiariej

JAKARTA - Deputy Minister of Law Edward Omar Sharif Hiariej explained that Articles 218 and Articles 240 and 241 in the Criminal Code or the Criminal Code do not prohibit criticism related to the public interest.

He explained that criticism for the public interest was explained in Articles 240 and 241 which were exactly the same as the explanation in Article 218 and Article 219, this article has a reason for the abolition of the crime if (criticism) is presented for the public interest.

"For the public interest, it is explained in Article 218 and Article 240 that criticism, then protest against a policy is not prohibited at all in this article and it is included in the framework of public interest," said Eddy, a nickname for Edward, at the Examination of Application Number 275/PUU-XXIII/2026 in the Plenary Session Room of the Constitutional Court (MK), Jakarta, Monday, March 9, reported by ANTARA.

In fact, he said, in the explanation, one of the manifestations of the protest or criticism was a demonstration.

"This means that Article 218, together with the explanation of Articles 240 and 241, together with the explanation, allows for demonstrations, allows criticism of the government and state institutions," he said.

In the hearing chaired by Chief Justice Suhartoyo, Eddy explained the background of the birth of Article 218 related to the attack on the honor or dignity of the president and vice president.

This article was born through a long debate in the government team when discussing it with the DPR RI. The substance of this article has five reasons, namely the function of criminal law in philosophy is to protect.

In criminal law, among others, protected interests include the interests of the state, the interests of the community and the interests of individuals.

"Regarding Article 218 related to state interests. What is protected is the issue of sovereignty, as well as the issue of dignity and dignity. The president and vice president as personifications of the Indonesian state so that their dignity and dignity must be protected," he explained.

The second reason is that in the Criminal Code around the world there are articles or chapters about attacking the honor and dignity of foreign heads of state, so it is a bit strange if Indonesian law protects the honor and dignity of foreign heads of state, while the honor and dignity of the head of state itself is not protected.

The third reason is the doctrine of social control. Where it is known that the president and vice president have supporters of at least 50 percent plus one of those who have the right to own.

According to him, this article is like a canal, if the president and vice president are insulted or attacked for their dignity, while his supporters do not accept it, it can cause chaos.

"Therefore, this article is held as a canalization, as a social control so that the community does not act anarchically," he said.

In addition, he said, to prevent this article from being used arbitrarily. Then this article is an absolute complaint offense, which can only complain about the president and vice president.

Then, to prevent this article from becoming a nuisance for the authorities, both in the article and in the explanation, the insult in question is limited to two, namely slander and slander.

Meanwhile, Articles 240 and 241 also limit insults against the government and state institutions to only the president, vice president, MPR, DPR, DPD, MA and MK.

"Especially for the delik complaint for state institutions, this can only be done by the head of the state institution and is limited to only six state institutions," said Eddy.