Constitutional Justices Ridwan Mansyur (left) and M. Guntur Hamzah (right) reviewing Law No. 1 of 2023 on the Criminal Code, Monday (10/28/2024). Photo by MKRI/Fauzan.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another material judicial review hearing of Law No. 1 of 2023 on the Criminal Code (KUHP) on Monday, October 28, 2024. The case No. 143/PUU-XXII/2024 was filed by Muhammad Amir Rahayaan, Hamka Arsad Refra, Harso Ohoiwer, and Hasanudin Raharusun.

At the hearing, the Petitioners conveyed revisions to the sections on the Court’s authority and the Petitioners’ legal standing. “The Petitioners’ constitutional rights had been violated by the articles on defamation against the president and vice president,” said Harso Ohoiwer.

In their petitum, the Petitioners request that the Court grant the entirety of the petition by declaring Article 218 paragraphs (1) and (2) and Article 219 of the Criminal Code unconstitutional and not legally binding if not interpreted to mean that the petitioners are Indonesian citizens. They also request that the decision be included in the State Gazette.

Also read: Provision on Defamation Against President Challenged

At the preliminary hearing on Tuesday, October 15, the Petitioners explained that Article 218 paragraphs (1) and (2) of the Criminal Code explains that any assault on the honor and dignity of the president or vice president shall be punishable by imprisonment for a maximum of three years and six months or a maximum criminal fine of category IV. Meanwhile, they explained, Article 219 explains that broadcast or display of such an assault shall be punishable by imprisonment for a maximum of four years and six months or a maximum criminal fine of category IV.

They believe these articles uses the lèse-majesté or lese-majesty approach on any acts or offenses that shows disrespect or lack of respect against a monarch or sovereign in a monarchy. They argued these articles are irrelevant with a democratic republic, where the president is not interpreted as a symbol of the state under Article 36A of the 1945 Constitution. They emphasized that the articles are erroneous by applying “first among equals” to the president’s dignity, arguing that it applies only with regard to the rights supporting the president’s duties, such as the right to security protection and other special state rights under Article 14 of the 1945 Constitution, not in the context of defamation. Therefore, they request that the Court declare Article 218 paragraphs (1) and (2) and Article 219 of the Criminal Code unconstitutional.

Author         : Utami Argawati
Editor          : Lulu Anjarsari P.
PR               : Fauzan Febriyan
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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