The preliminary hearing for a judicial review petition of the Criminal Code filed by students of UIN Alauddin of Makassar, Wednesday (2/21/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — Twelve law students of the Alauddin Islamic State University (UIN Alauddin) of Makassar have filed a judicial review of Article 14 paragraph (1) and Article 15 of Law No. 1 of 1946 on the Criminal Code (KUHP) to the Constitutional Court (MK). The preliminary hearing for case No. 23/PUU-XXII/2024 on Wednesday, February 21, 2024 in the plenary courtroom

Article 14 paragraph (1) of the Criminal Code reads, “Any person who disseminates false news or notice with deliberate intent to create a disturbance in society shall be punished by a maximum imprisonment of ten years.” Article 15 reads, “Any person who disseminates uncertain news or exaggerated or incomplete news, while he is aware or at least reasonable suspect that such news will or is likely to cause a disturbance in society shall be punished by a maximum imprisonment of two years.”

Through legal counsel Sri Rejeki Asri, the Petitioners asserted that said articles are contrary to Article 28D paragraph (1) and Article 28F of the 1945 Constitution. This is because they do not provide criteria for disturbance in society, giving rise to subjective and arbitrary interpretations by law enforcers. In addition, these articles, she added, do not provide limitations on the loss or damage that must be caused by false news or hoax to be categorized a disturbance. As a result, they could be used to criminalize anyone considered to have been spreading false news or hoaxes regardless of facts, evidence, and arguments. In addition, the articles have not kept up with the times because they do not consider social media as a means of communication and information that can be the source of fake news and lead to victims.

“Therefore, the Petitioners request that the Court declare Article 14 paragraph (1) of the Criminal Code unconstitutional insofar as the offense of disturbance is interpreted as a direct or physical one and declare Article 15 of the Criminal Code unconstitutional and not legally binding,” said another legal counsel virtually before Constitutional Justices Anwar Usman (panel chair), Daniel Yusmic P. Foekh, and Arsul Sani.

Justices’ Advice

In response, Constitutional Justice Daniel Yusmic P. Foekh highlighted the Petitioners’ legal standing and constitutional interest. He said they would need to elaborate their potential and factual loss due to the enforcement of the a quo articles as well as provide concrete examples of the substance of the news in question. He also advised them to take into account the touchstones and elaborate them one by one.

Next, Constitutional Justice Arsul Sani advised the Petitioners to refer to the latest amendment to the Criminal Code. “Please rewrite the articles being petitioned and the touchstones, so the Petitioners should also convince the Court that the petition is not ne bis in idem with previous petitions filed to the Court,” he said.

At the end of the hearing, Constitutional Justice Anwar informed the Petitioners that they would have 14 days to revise the petition and submit it by Tuesday, March 5 at 09:00 WIB to the Registrar’s Office.  

Author         : Sri Pujianti
Editor          : Lulu Anjarsari P.
PR               : Raisa Ayuditha
Translator     : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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