The Articles Ofence Of The President Who Orders PKS To Walk Out In Plenary

Photo of Nailin In Saroh/VOI

JAKARTA - Chairman of the PKS faction of the DPR, Jazuli Juwaini, opened his voice about the attitude of his members who walked out of the plenary meeting of the ratification of the Criminal Law.

Jazuli confirmed that the PKS faction in Commission III of the DPR had indeed approved that the RKUHP be brought to the plenary session with a note. This note, namely rejecting the article on insulting the president/vice president and institutions be revoked, and asking to confirm the prohibition against LGBT. "Yes, in the discussion, PKS still gives a note. PKS rejects the article on insulting the president, but in the plenary session, members of the PKS faction asked that the article on insulting the president be revoked.

So, what is the article on insults that PKS rejects in the Criminal Code?

In the latest RKUHP script as of November 30, 2022, the criminal provision is stated in article 218. The perpetrator is threatened with three years in prison.

"Everyone who publicly attacks the honor or dignity of the president and/or vice president, shall be sentenced to a maximum imprisonment of 3 (three) years or a maximum fine of category IV," reads Article 218 paragraph (1) of the Criminal Code.

The explanation of the article states that attacking honor is an act that demeans or damages the good name or pride. The act of insulting or slandering falls into that category.

Paragraph (2) of the article also provides exceptions. Actions committed for the public interest or self-defense are not categorized as assaulting honor or dignity.

"What is meant by 'being carried out for the public interest' is to protect the interests of the community which is expressed through the right to expression and democratic rights, for example through demonstrations, criticisms, or opinions that are different from the policies of the president and/or vice president," reads the explanation of article 218 paragraph (2).

Part of the article explains that criticism is important as part of freedom of expression that is as constructive as possible in a democratic country.

"In democratic countries, criticism is important as part of freedom of expression that is as constructive as possible, even though it contains disapproval of the actions, policies, or actions of the President and/or Vice President."

Previously, member of the PKS faction Iskan Qolba Lubis threatened to sue the article on insulting the president in the Criminal Code Law. In fact, he even walked out of the plenary meeting after a heated debate with Deputy Speaker of the House of Representatives Sufmi Dasco Ahmad as chairman of the trial.

Initially, Iskan gave an interruption to convey two notes to the Criminal Code Bill. However, Dasco immediately cut the interruption because Iskan requested that the article on insults to the president and institutions be removed.

In fact, previously the PKS faction had agreed that this bill was brought to the plenary session. He even threatened to sue the article to the Constitutional Court.

"PKS still has 2 notes, first, those who insulted the government were sentenced to 3 years in the rubber article, I ask that this article be revoked. Meanwhile, students have also demoed, this is a setback from the ideals of reform, this article will take the right of the community to express their opinions. throughout the world the people must criticize the government, the president must also be criticized. I will submit to the Constitutional Court this article," said Iskan in a plenary meeting.

Dasco then cut Iskan's statement because he felt that the PKS faction had broken the agreement.

"The PKS faction has agreed with the notes. We have received the notes, the PKS has agreed," said Dasco, cutting Iskan's interruption. Iskan, who did not accept the interruption, then warned Dasco not to become a dictator at the plenary meeting. He also threatened to sue the Criminal Code Law regarding the article on insulting the president to the Constitutional Court.

"I'm talking, don't be a dictator here, I will submit it to the Constitutional Court," continued Iskan, who sat on Commission VIII of the DPR. Dasco reminded that the PKS faction had previously approved that the RKUHP be brought to the plenary session without any demands to revoke the article.

"You ask to withdraw those that have been approved by the factions. That's why you have given a note," said Dasco again.

Iskan was even more furious and stated that he walked out of the plenary meeting.

"If I don't give it time, I will get out of here," Iskan threatened.

"Please," said Dasco.