Minister Of Law And Human Rights Regarding The Article Insulting The President In The RKUHP: Everyone Has The Right To Protect Dignity

Minister of Law and Human Rights Yasonna Laoly (ANTARA)

JAKARTA - Minister of Law and Human Rights (Menkumham) Yasonna Laoly said the article on insulting the president and vice president in the Draft Criminal Code (RKUHP) does not limit criticism, but emphasizes the boundaries of society as a civilized nation.

"Everyone has the legal right to protect their dignity," said Minister of Law and Human Rights Yasonna, quoted by Antara, Wednesday, June 9.

If an individual is insulted by someone, he said, the person who has been insulted has a legal right to his or her dignity.

"Not as a public official. I always say that if I am criticized by the Minister of Law and Human Rights for being incompetent, for example managing prisons or immigration, it doesn't matter to me. However, if I attack my dignity once, for example, I am said to be an illegitimate child, that can't be done," he said.

Therefore, as a civilized nation, it is necessary to have boundaries that must be maintained by everyone. The article on insulting the president/vice president as regulated in the RKUHP has no intention of limiting criticism.

He emphasized that the existing laws and regulations in Indonesia open up space for criticism from the public.

"It doesn't mean that criticizing the president is wrong. Criticize his policies with the utmost criticism, that's okay. If necessary, if you are not satisfied, constitutional mechanisms are also available," said Yasonna.

As is known, recently the Draft Criminal Code Bill has become a hot topic of discussion in the community due to the existence of articles on insulting the president/vice president. This is stated in CHAPTER II of criminal acts against the dignity of the president/vice president, the second part is an attack on the honor or dignity of the president/vice president.

Article 218 Paragraph (1) states that anyone who publicly attacks the honor or dignity of the president/vice president shall be sentenced to a maximum of 3 years 6 months or a maximum fine of Category IV.

Meanwhile, Article 219 reads that anyone who broadcasts, displays or pastes writing or pictures so that they are visible to the public, listens to recordings so that they can be heard by the public, or disseminates by means of information technology which contains attacks on the honor or dignity of the president/vice president.

With the intention that the contents are known or more publicly known, the punishment is a maximum imprisonment of 4 years and 6 months or a maximum fine of Category IV.

Previously, Menkumham Yasonna emphasized that the article on insulting the president/vice president in the RKUHP was different from similar articles that had been canceled by the Constitutional Court. The difference is that the article becomes a complaint offense.