Deputy Minister Of Law And Human Rights: Attacks On The Dignity Of The President And Vice President Become A Complaint

Deputy Minister of Law and Human Rights (Wamenkum HAM) Edward OS Hiariej

JAKARTA - Deputy Minister of Law and Human Rights (Wamenkum HAM) Edward OS Hiariej said the article related to attacking the dignity of the president and vice president changed from an ordinary offense to a complaint offense in the Criminal Code Bill.

"In Article 218, we provide an explanation that this is a change from a complaint offense, which was previously an ordinary offense," Edward said during a hearing at the DPR building, Senayan, Jakarta, as reported by Antara, Wednesday, May 25.

The hearing between the Ministry of Law and Human Rights and Commission III of the DPR was a follow-up to the discussion of the Draft Law on the Criminal Code. Edward added that the government did not resurrect articles that had been turned off by the Constitutional Court (MK).

"This is actually different and we add that the complaint is made in writing by the president or vice president," he explained.

The article also provides an exception not to be prosecuted if it concerns the public interest.

He explained that the government had socialized the Draft Criminal Code Bill in 2021, with the result that the government made improvements by reformulating and providing explanations for controversial articles, based on input from various elements of society and K/L.

Previously, the Constitutional Court's Decision Number 013-022/PUU-IV/2006 had annulled the article on insulting the president and vice president in the Criminal Code. The application for judicial review was submitted by Eggi Sudjana and Pandapotan Lubis. The Court assessed that Article 134, Article 136, and Article 137 of the Criminal Code could create legal uncertainty because their interpretations were very vulnerable to manipulation.