Wamenkumham Explains In Detail About The Articles Of Insult To The Head Of State In The RKUHP

Deputy Minister of Law and Human Rights (Wamenkumham) Edward Omar Sharief Hiariej (ANTARA)

JAKARTA - Deputy Minister of Law and Human Rights (Wamenkumham) Edward Omar Sharief Hiariej spoke about the article on insulting the head of state listed in the Draft Criminal Code (RKUHP) which is currently being discussed.

According to him, there was a mistake in the assumption that the article was revived after it was canceled by the Constitutional Court (MK).

"This is a mistake. First, the article that was turned off by the Constitutional Court is an ordinary offense even though the one compiled by the government and the DPR regarding the president is a complaint offense," said Edward in a discussion related to the RKUHP which was broadcast on YouTube Public Relations of the Directorate General of AHU, Monday, June 14.

Second, Edward also highlighted the opinion that the article does not need to exist and is sufficient to enter into the defamation provisions regulated in Articles 310 to 321 of the Criminal Code. According to him, if the article is deleted, then the article that regulates treason should also be removed.

"I say this, if the article on insulting the president is deleted and put into the article on insults in general, then just delete the article on treason. After all, treason is the murder of the president and vice president. Why don't we just delete it and include it in the article?" Ordinary murder, after all, it is also in the Criminal Code," he said.

"This is what I want to say that the president is a symbol of the state. The president is the personification of a country. It is included in a symbol of honor so that it must be specifically regulated," added Edward.

He then explained that the contents of the Criminal Code in all countries are almost the same except for three things. First, the issue of political offenses that apply in France, but not in Indonesia.

Second, the crime of decency which is not stated in the Chinese Criminal Code. Finally, articles related to insults or defamation.

"So when we talk about insulting the president, we can't say later in America like this, in France like this, no. We are making a multi-cultural, multi-religious, multi-ethnic Indonesian Criminal Code, not the French Criminal Code, the American Criminal Code and others. and so on, so it must be adapted to the situation and conditions in Indonesia," he said.

For information, 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.