A judicial review hearing of the Criminal Code to examine revisions to the petition, Tuesday (3/5/2024). Photo by MKRI/Ilham W.M.

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JAKARTA (MKRI) — Sri Rejeki Asri, the legal counsel of the twelve law students of the Alauddin Islamic State University (UIN Alauddin) of Makassar, attended another material judicial review hearing of Article 14 paragraph (1) and Article 15 of Law No. 1 of 1946 on the Criminal Code (KUHP) virtually on Tuesday, March 5, 2024, which also took place on site in one of the Court’s panel courtrooms.

Before Constitutional Justices Daniel Yusmic P. Foekh, M. Guntur Hamzah, and Arsul Sani, Sri explained the points of the petition revisions, which included the Petitioners’ profiles in the elaboration of legal standing. The Petitioners also explained their constitutional impairment due to the enforcement of the articles being petitioned, reinforced their posita (background of petition), and added arguments, theories, and principles relating to the petition.

“Relating to potential legal vacuum, although Law No. 1 of 1946 has been annulled and amended to the KUHP, it remains in effect until 2026, and could potentially be used as a legal basis to criminalize activists who level criticisms to the implementation of the current election,” Sri said about the petition No. 23/PUU-XXII/2024.

Also read: Law Students Question Interpretation of Spreading Hoaxes

At the preliminary hearing on Wednesday, February 21, 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 Petitioners argue that 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, they 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.

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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