Freedom of Speech at the Gates of Digital Dictatorship

Photo by Luthfiah VOI

JAKARTA - In the digital age, power no longer comes with iron shoes, rifle barrels, or military barracks. It comes through servers, algorithms, and seemingly legitimate legal articles. Today's authoritarianism does not shout, does not hit, and does not always prohibit. It knocks on our cell phone screen - slowly, routinely, and constantly.

The new face of power is now changing to digital authoritarianism. A system that controls the people not by open violence, but by a combination of technology, criminal law, and collective fear management. Power no longer requires brutal repression; just by making citizens afraid to think and hesitate to speak.

Digital authoritarianism works with a more sophisticated logic: let the people speak, then punish those who speak wrongly. Criticism is no longer banned, but monitored. Social media is not closed, but made a trap room. In this condition, freedom of expression is still constitutional, but it is sociologically dead. Silence becomes a form of rationality. Is it true?

Polemics for the Police

The audience of Mens Rea Jakarta reached 10,000 people, and as of Saturday (27/12/2025), it was broadcast globally on the video streaming platform Netflix. From the beginning, Pandji Pragiwaksono had narrated Mens Rea as a comedy show that would discuss political issues. And, Pandji's jokes on the show were widely in the spotlight, ranging from praise to reporting to the police.

Pandji Pragiwaksono's sharp criticism of his comedy material against two Islamic organizations became the subject of a report to the police. It was as if NU and Muhammadiyah had received a mining concession because they voted in the 2024 presidential and vice presidential election contest. And that was the basis, comedian Pandji Pragiwaksono was reported with the report number STTLP/B/166/I/2026/SPKT/POLDA METRO JAYA by the Angkatan Muda Nahdlatul Ulama and Muhammadiyah Youth Alliance to the Polda Metro Jaya.

"We consider that the person I reported, whose initials are P, is considered to have spread issues that are not positive, has degraded, defamed, especially the largest Islamic organizations in Indonesia, namely NU and Muhammadiyah," said one of the reporters, Rizki Abdul Rahman Wahid, as quoted from Antara's website, Thursday (8/1/2026).

Polda Metro Jaya responded quickly to the report. Head of Public Relations of Polda Metro Jaya Kombes Pol Budi Hermanto said that an analysis was still being carried out on a number of evidence regarding the case of reporting comedian Pandji Pragiwaksono regarding defamation of the Islamic organization. "Regarding the alleged incitement in public and the alleged blasphemy related to the statement in an event entitled Mens Rea," said Budi.

The police are currently in the early stages of the investigation to determine whether or not there are criminal elements. The articles being reviewed include allegations of blasphemy, as stipulated in Articles 300, 301, 242, and 243 of the new Criminal Code.

Director of Criminal Investigation at the Polda Metro Jaya, Kombes Iman Imanuddin, said expert opinions were needed to know the limits of freedom of expression in public spaces, including in comedy art.

"We also request information from experts, how to construct boundaries, to what extent is freedom of expression, art in the public space, with criminal provisions that regulate in every joint of our nation and state life," said Iman, to VOI through his written message, Tuesday, January 13.

In the midst of controversy, Pandji Pragiwaksono responded through a post on his social media account. He appreciated the support and prayers that came from the public.

"I just want to say thank you for your support, for your prayers. There are a lot of people who pray for the good. I'm also fine. I'm in New York, I just finished broadcasting, now I want to go home," he said in his instastory.

Pandji admitted that he still stood up straight even though the police were currently investigating his joke material. He even said that the positive impact of the performance was much greater than the negative side. According to Pandji, differences in views are common in the world of art and entertainment.

"From the beginning I knew for sure that there would be people who liked it and there would be people who didn't like it. That's pretty normal. I'm not sorry at all. I'm happy, very happy. The positives are much bigger," said Pandji during an Instagram live (9/1/2026).

This Country Needs a Lot of Laughter

The matter experienced by Pandji received a response from various circles. Chairman of Commission III of the DPR, Habiburokhman, emphasized that Law No. 1 of 2023 concerning the Criminal Code (National Criminal Code) and Law No. 20 of 2025 concerning the Code of Criminal Procedure (KUHAP 2025) which has been in force since January 2, 2026 ensures that everyone who criticizes the government as Pandji Pragiwaksono will not be arbitrarily imprisoned.

The Chairman of the Nahdlatul Ulama General Board (PBNU), KH Ulil Abshar Abdalla, quoting his statement on NU Online, confirmed that the alliance in the name of the NU Youth Force (AMNU) which reported Pandji Pragiwaksono was not part of PBNU. However, he responded to what Pandji said in the show titled 'Mens Rea' as entertainment.

Gus Ulil, his nickname, regretted that a comedian who was tasked with entertaining the public had to face legal proceedings. "We need a lot of laughter in this country. It's a pity that comedians who make a lot of people laugh have to be reported to the law enforcement. Humor is a koentji," he wrote.

In line with PBNU, the Central Leadership of Muhammadiyah said that statements and actions in the name of the Muhammadiyah Youth Alliance were not official attitudes or mandates from the Muhammadiyah Association. "The representation of Muhammadiyah by certain groups or individuals in the context of legal actions and public statements does not necessarily reflect the views and attitudes of the Muhammadiyah Association," wrote the official statement of Muhammadiyah on its official account on X.

Comedy Is An Intellectual Space

Comedy art performances are high intellectual spaces. The problem comes because of the single definition of 'good and right' that certain interests play. So, anyone who is ready to watch a comedy must of course understand its meaning as well.

Lecturer from the Faculty of Film and Television, Jakarta Institute of Arts (IKJ), Satrio Pepo Pamungkas said that the audience in the media research theory must have a different perspective on the work they watch. He added, the audience who attended the Indonesia Arena bought tickets. This means, they are prepared with the content presented, so that the space meets.

"So, if, for example, someone doesn't come to the hall and he keeps shouting, 'oh, that's an insult', it means that someone didn't get into the room. It's not really a room (to insult) but a room to build, yes, in my opinion," he said.

He added that the low point in the Mens Rea show was when the comedians questioned their fate after making critical jokes. For example, "are you safe, my career is over this?". "This should be a crushing blow to law enforcement and rulers," he said.

Satrio said that as a comedian who has a lot of experience and often deals with critical material in his comedy, Pandji understands his space very well, and has analyzed it carefully.

"It's not possible to be so stupid with a big stage and selling tickets, he continues to insult A, insulting B, insulting C, just like that. It must have been thought through carefully, that this is a space for criticism, not a space for defamation, not a space for insults," said Satrio.

Protection of freedom of expression is also emphasized in Law Number 39 of 1999 concerning Human Rights, which recognizes the right of everyone to have, express, and disseminate opinions in accordance with conscience. And strengthened in Law Number 9 of 1998, which places freedom of opinion as a prerequisite for democratic life.

Within this framework, criminal approaches to expressions of criticism - especially those conveyed through art and comedy - should be a last resort. The excessive use of criminal law has the potential to create public fear, silence criticism, and weaken the quality of democracy.

Former Minister of Law and Human Rights Mahfud MD assessed that Pandji could not be charged using the new Criminal Code because of the issue of the time of the legal event. According to him, the Mens Rea material was conveyed by Pandji through a recording that aired on Netflix in December 2025 and was only published in January 2026, while the new Criminal Code came into force after a certain date. Mahfud even calmed Panji publicly.

"Especially for the case of Pandji Pragiwaksono, he cannot be sentenced. Mas Pandji, calm down, you will not be sentenced," said Mahfud.