The reason why the Government makes a criminal article of insulting the President-Vice President to the Speaker of the DPR/MPR

Deputy Minister of Law Edward Omar Sharif Hiariej (right) with the Secretary General of the Ministry of Law Nico Afinta (ANTARA/Rio Feisal)

JAKARTA - The government revealed the reason for making articles related to attacks on the honor or dignity of the President and/or Vice President, as well as insults against the government or ministries/institutions in Law Number 1 of 2023 concerning the Criminal Code (KUHP).

Deputy Minister of Law Edward Omar Sharif Hiariej explained that one of the reasons was to consider the Constitutional Court Decision Number 013-022/PUU-IV/2006 regarding the articles related to insults against the President and/or Vice President in the old Criminal Code, namely Article 134 and Article 136 bis.

"So, there is a 2006 MK decision. If you still remember, it was a matter of a Jaguar car. Article 134 and 136 bis were tested in the Constitutional Court, and the MK canceled that article," said the man who is familiarly called Eddy, in a press conference at the Ministry of Law building, Jakarta, Monday, January 5.

He explained that the Constitutional Court decided to cancel the article because anyone could complain about alleged insults against the President and/or the Vice President, or not a complaint offense.

"Based on the consideration of the Constitutional Court, the government and the DPR formed the article of insulting the state institutions. We just limit it. If you use the old Criminal Code, the Head of the District Court is insulted, the Police Chief is insulted, you can get that article, but the article in the new Criminal Code has been limited," he said.

Therefore, the Minister of Home Affairs said that the new Criminal Code only regulates the President and Vice President, then the leadership of the MPR, DPD, DPR, Supreme Court, and Constitutional Court who can report alleged insults, or complaints.

"So, it's very limited, and it's a delik aduan. In a delik aduan, the one who has to complain is the head of the institution," he explained.

It is known that Article 218 of the Criminal Code only regulates the penalty for anyone who insults the President and/or Vice President. Meanwhile, Article 240 of the Criminal Code only regulates insults against several state institutions.

Article 218 paragraph (1) reads: "Anyone who publicly attacks the honor or dignity and dignity of the President and/or Vice President, is sentenced to a maximum of 3 (three) years in prison or a maximum fine of category IV."

Article 218 paragraph (2): "It is not an attack on honor or dignity as referred to in paragraph (1), if the act is carried out for the public interest or self-defense."

Article 240 paragraph (1): "Anyone who publicly insults the government or state institutions, either orally or in writing, shall be sentenced to a maximum of 1 (one) year and 6 (six) months imprisonment or a maximum fine of category II."

Article 240 paragraph (2): "In the event of a criminal act as referred to in paragraph (1) resulting in riots in the community, he shall be sentenced to imprisonment for a maximum of 3 (three) years or a fine of a maximum of category IV."

Article 240 paragraph (3): "The criminal act referred to in paragraph (l) can only be prosecuted based on the complaint of the party who was insulted."

Article 240 paragraph (4): "The complaint as referred to in paragraph (3) shall be made in writing by the head of government or state institution."

Previously, the Criminal Code was signed by Joko Widodo as President of the Republic of Indonesia and promulgated by Pratikno as Minister of State Secretary on January 2, 2023.

Article 624 of the Criminal Code states that the legislation only applies after three years from the date of enactment or January 2, 2026. Thus, this new Criminal Code is valid on that date.