Legal Literacy - This article discusses cases of articles on insulting the president in Indonesia, covering legal history, articles of the Criminal Code of the Republic of Indonesia 2023, as well as opinion pros and cons regarding Articles 218 and 219. This discussion explores arguments from various perspectives and emphasizes the importance of balancing the protection of the president's honor and freedom of expression in a democratic society.
Cases of Insulting the President in Indonesia
Cases of insulting the president are widely discussed by netizens and in the real world. In this case, there are at least two general responses. First, the perpetrators receive considerable support from the public. Second, some people argue that this case is being exaggerated. Therefore, to address the case of insulting the president, it needs to be studied in more depth.
There are several cases regarding insulting the president, including: Muhammad Arsyad, a young man from Ciracas, East Jakarta, insulted the president through edited images of Jokowi and Megawati uploaded on Facebook. Supratman was caught in a case of insulting the 5th former president of Indonesia, Megawati Soekarnoputri, through his upload on social media saying "Mega's Mouth Smells Like Solar". These two cases have been resolved through legal channels.
However, there are also cases considered insults that ended diplomatically. For example, Cak Nun who said Jokowi was like the figure of Pharaoh. Then, Rocky Gerung who said Jokowi was "stupid". This is even more interesting to question, if the article related to insulting the president has been stipulated, why is there still a gap in justice.
History of Law in Indonesia
Indonesia as a state of law based on democracy, the application of theory, and the practice of law enforcement in Indonesia is in accordance with the spirit contained in the constitution. The constitution becomes the basic rule and support for the continuity of a sovereign, just, and prosperous country. Therefore, to achieve prosperity and justice in a country, good order in society is needed, accompanied by rules that are integrated into the legal system that develops within the community.
The rules referred to are criminal law provisions. Criminal law becomes a legal instrument that protects the interests of society in the process of law enforcement. There are legal interests that are personal, broad legal interests (society), and interests related to state law. This division of law is clearly stated in the systematics of articles Criminal Code (KUHP).
So far, the Criminal Code used in Indonesia is a legacy of the Dutch Colonial era, namely the Wetboek van Strafrecht (although some revisions and adaptations have been made). This law, which is more than a century old, certainly contains articles that are no longer relevant to the current state of Indonesian society. Therefore, the government, through the Ministry of Law and Human Rights, has taken the initiative to replace the Dutch colonial Criminal Code.
Criminal Code of the Republic of Indonesia 2023
In 2023, the Indonesian government ratified a new Criminal Code which contains regulations that are in accordance with the conditions of society in Indonesia. However, the new Criminal Code contains articles that cause crucial issues, including articles on insulting the President and Vice President.
Every human being wants their dignity and honor to be protected, just as the soul, honor, and reputation of every human being must also be protected, free from acts of defamation against them. Meanwhile, in Indonesia, cases often occur involving insults made by a citizen against the head of state or deputy head of state. Insults are made verbally, in writing, and in pictures through social media.
There is a special article that regulates the prohibition of insulting the president and vice president. Article 218 states: "That attacking in public the honor or dignity of the president and vice president is punishable by a maximum of 3 years and 6 months/imprisonment..." Furthermore, it is stated in Article 219 which reads "That if the act of insulting the President and Vice President is carried out using electronic media or information technology facilities, the imprisonment will be increased to a maximum of 4 years and 6 months..."
Pro opinions regarding Articles 218 and 219 of the Criminal Code 2023
To maintain this article on insults, the government has considerations, namely with several reasons. First, the President is a symbol of the state. Second, the abolition of the insult article will lead to a liberal democratization culture. Third, it is impossible to remove the article on insulting the President and Vice President, while the dignity of other countries' Presidents is protected.
Regarding insults against the President or Vice President, it is still relevant because freedom of expression is not an absolute right. If the article on insulting the honor and dignity of the President and Vice President is abolished and is finally considered normal by the public as in liberal countries such as the United States, then it is the same as not respecting the noble values of Pancasila (the values of divinity, the values of humanity, the values of unity and integrity, the values of democracy and the values of justice).
However, Indonesia adheres to a presidential system that grants the people the right to oversee the governance and respond to the actions of their leaders. The stipulation of this article will also affect the quality of governance in the future, because the people, who should be the check and balance of the government, will be somewhat afraid to express their criticism. Because even though clear boundaries have been given between criticizing and insulting, the law is the art of interpretation.
The decision to revive the article on insulting the President and Vice President in a country that adheres to presidentialism is very dangerous. Seeing Indonesia's position as a democracy, it is not a monarchy, where the character of the kingdom positions the king or queen always at the point of truth over their decisions and cannot be contested. The fundamental concept of a kingdom is clearly contrary to the Indonesian system of government, where the head of state is one with the head of government, and also promotes the noble values of democracy.
Contra opinions regarding Articles 218 and 219 of the Criminal Code
In this context, the article, which initially explicitly aimed to protect the dignity of the President and Vice President, is feared in future political developments to be just a guise to criminalize the voices of the people that are contrary to the interests of the President.
The legal logic is that if there are provisions for general articles on insult, then in a democratic country, there is no need to specifically regulate articles on insults against the president and vice president. Even though the government has its own thoughts in maintaining the honor and dignity of the president and his deputy, isn't it ironic if we criminalize the public with articles that are claimed to represent national law (KUHP). What kind of national law (KUHP) is so cruel and sadistic as to burn its people when trying to advance the country through its leaders.
Thus, it can be said that the article on insulting the president in Indonesia is still a complex issue with strong arguments on both sides. It is important to have an open and constructive discussion to find a balance between protecting the honor of the president and maintaining freedom of expression and criticism for the government. The public must also pay more attention to emerging public policy and be good checks and balances so that they can create the desired democratic country.
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