Protection of the Dignity and Honor of the President

Jakarta (MKRI) – The Constitutional Court held a further hearing on the material judicial review of Law No. 1 of 2023 on the Criminal Court (KUHP) on Monday, April 13, 2026. The fourth hearing in Case No. 29/PUU-XXIV/2026, filed by Zico Leonard Djagardo Simanjuntak, heard a statement from the DPR delivered by Commission III member Rudianto Lallo.

Responding to the petition challenging Articles 218 and 219 of the KUHP on insults to the President and Vice President, the DPR argued that Constitutional Court Decision No. 013-022/PUU-IV/2006 did not rule out the possibility of renewed regulation, provided that any new formulation respects legal certainty and democratic principles. The Court in that decision explicitly stated that protecting the President’s dignity as head of state remains permissible so long as rules are proportionate and do not impede freedom of expression.

On this basis, Rudianto said, the legislature retains constitutional space to re‑formulate the offense in a new form. Unlike the previous provisions struck down in 2006, the new KUHP expressly classifies the offense as a pure complaint‑based (absolute complaint) offense in Articles 218 and 219.

“From the legislative history of the new KUHP, it can be concluded that the a quo provisions do not extinguish democratic life, because the formulation of the offense distinguishes criticism from attacks on the dignity and honor of the President/Vice President, removes the state’s repressive character, and places it as a complaint offense,” Rudianto explained.

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Protection of the Dignity and Honor of the President