JAKARTA - Mahfud MD shared a few memories with President Joko Widodo before he was appointed as Coordinating Minister for Political, Legal and Security Affairs. This is related to the article on insulting the president in the Draft Criminal Code which is now getting full attention from the Indonesian public.
Mahfud asked President Jokowi, what is his attitude towards the polemic regarding this insult. Instead of answering at length, Jokowi answered briefly.
"It's up to the legislature, which one is useful for the country. For me personally, whether I enter or not, I have often been insulted but never brought a case against me," said Mahfud remembering Jokowi's words, quoted from his personal Twitter, @mohmahfudmd, Wednesday, June 9 .
From the point of view of the number one person in this country, according to Mahfud, whether or not the insult article is included depends on the legislature. If the estuary is good for the country then go ahead.
"So according to Mr. Jokowi as President "whether or not to include the article on insulting the President to the Criminal Code, the decision is up to the discussion in the legislature; basically what is good for the country", but for Mr. Jokowi as a person to enter or not, he is often insulted and has never complained / brought a lawsuit, "explained Mahfud.
Before I became Coordinating Minister and there was a polemic whether or not the article on insulting the President entered the Criminal Code, I asked Mr. Jokowi's attitude. The answer is, "It's up to the legislature, which one is useful for the country. For me personally, whether I enter or not, I am often insulted but never brought a lawsuit".
— Mahfud MD (@mohmahfudmd) June 9, 2021
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 for 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 by means of 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 on the basis of 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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