JAKARTA - Articles of insulting the president and vice president reap the pros and cons after the draft of the Draft Criminal Code Law was opened to the public. The reason is that five years of imprisonment await those who violate the article.
Minister of Law and Human Rights, Yasonna Laoly, explained that the article on insulting the president in the RKUHP (Criminal Code) aims to prevent people from being liberal in their opinions.
"I think we will become very liberal if we allow (insulting the president, ed)", Yasonna said during a working meeting at Commission III of the House of Representatives, Wednesday, June 9.
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She gave an example, when criticized for not being optimal in serving as Minister of Law and Human Rights, she did not have a problem. However, it is different, if what is attacked is her dignity as an individual.
"If I am criticized, Minister of Law and Human Rights is incompetent, prisons, immigration, that's fine with me. But if I attack my dignity once. For example, I am said to be an illegitimate child, well, in my village, I can't do that. It's the PKI child, show me If I'm a child of the PKI, if I can't, I'll spoil you", she explained.
Therefore, the PDIP politician considered the need for this article. Moreover, she said, this article is not only intended to protect the dignity of the current president, but also the president in the future.
In fact, said Yasonna, such articles are commonplace in several countries, such as Thailand and Japan.
"We know, our president is often accused personally of all kinds of issues, he is calm. He told me there is no problem with that article. But, do we let the next president be digitized? So there must be a limit- We have to guard the boundaries as a civilized Indonesian society", said Yasonna Laoly.
To note, the articles on insulting the president and vice president in the RKUHP are listed in Articles 217 to 220.
Article 217
Anyone who attacks the President or Vice President who is not included in the more severe criminal provisions shall be punished with imprisonment for a maximum of 5 (five) years.
Article 218.
(1) Any person who publicly attacks the honor or dignity of the President or Vice President shall be sentenced to a maximum imprisonment of 3 (three) years and 6 (six) months or a maximum fine of category IV.
(2) It does not constitute 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.
Meanwhile, Article 219 regulates images or commonly known as presidential memes in electronic media or social media.
Article 219
Any Person who broadcasts, displays, or pastes writing or images so that they are visible to the public; Listening to the recording so that it is heard by the public, or distributing it using information technology which contains an attack on honor or dignity against the President or Vice President; With the intention that the contents are known or more publicly known, the punishment is a maximum imprisonment of 4 (four) years and 6 (six) months or a maximum fine of category IV.
Article 220
(1) Criminal acts as referred to in Article 218 and Article 219 can only be prosecuted based on a complaint.
(2) The complaint as referred to in paragraph (1) may be made in writing by the President or Vice President.
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