Criminal Experts Call Mahfud MD Potentially Charged With Slander Articles And The ITE Law

Mahfud MD/DOK PHOTO via Instagram @mohmahfudmd

JAKARTA - Professor of Criminal Law at Padjadjaran University (Unpad), Prof Romli Atmasasmita, responded to the statement of former Coordinating Minister for Political, Legal and Security Affairs Mahfud MD, who said to forgive corruptors was tantamount to violating Article 55 of the Criminal Code.

Prof Romli said Mahfud MD could be charged with the law with slander and the Electronic Information and Transaction Law (UU ITE).

Prof Romli explained that Mahfud could be subject to Article 310 and Article 311 of the 1946 Criminal Code concerning Slander and Article 433 of the Criminal Code Law 1/2023 concerning Defamation with a penalty of 6 years in prison and a fine of IDR 750 million.

In addition to the article in the Criminal Code, Mahfud MD can also be charged with Article 45 paragraph (4) of Law 1/2024 concerning defamation with a maximum imprisonment of 2 years and/or a maximum fine of IDR 400 million.

"His only mistake (Mahfud MD, ed) was not wanting to ask experts before accusing the president of participating in corruption in Article 55 of the Criminal Code. Even Mahfud's statement could be subject to Article 45 of the ITE Law," said Prof Romli in his statement, Tuesday, December 31.

Romli explained that the allegations of Article 55 of the Criminal Code regarding Deelneming or Participation submitted by Mahfud in criminal acts must meet two conditions.

First, he said, there is awareness to jointly prepare for criminal acts of corruption. Second, consciously doing it together.

"The two conditions do not exist with Prabowo as President of the Republic of Indonesia," explained Prof. Romli.

Previously, MahfudMD criticized President Prabowo Subianto for allowing corruptors to return the proceeds of corruption to the state. According to Mahfud, the policy has the potential to violate the law.

"According to the law, according to the current law, it is not allowed. Anyone who allows it can be subject to Article 55, meaning that he participates in eliminating corruption, yes. Article 55 of the Criminal Code," Mahfud told reporters in Ancol, North Jakarta, Saturday, December 21.

Mahfud said, if there are parties who participate or allow corruption, it will result in damage to the legal world. He also reminded all parties to be careful about this.

"Corruption is prohibited. Who is prohibited? Blocking law enforcement, participating, or allowing corruption, even though he can (report) this, then cooperation. Even though it is very complex, the complications will make the legal world even more damaged, that's why be careful," he said.

Mahfud also reminded President Prabowo not to be wrong about his statement.

"But Pak Prabowo can say anything because he is the elected President, we just have to remind him not to be wrong, that's our job," he said.