JAKARTA, Legal Literacy — The enactment of the new Criminal Code (KUHP) since January 2, 2026, has once again sparked public discussion regarding freedom of expression. One of the most highlighted provisions is Article 218 of the Criminal Code, which regulates acts of attacking the honor or dignity of the President and/or Vice President. In the public sphere, this article is often perceived as an “anti-criticism article,” although the government asserts otherwise.

What is regulated in Article 218?

The provisions regarding insults to the President/Vice President are contained in Article 218 of Law Number 1 of 2023 concerning the Criminal Code. In general, this article states that anyone who publicly attacks the honor or dignity of the President and/or Vice President can be sentenced to a maximum of 3 years in prison or a maximum fine of category IV.

However, the new Criminal Code also provides an important exception. The act is not considered a criminal act if it is carried out in the public interest or as self-defense. This exception is positioned as a reaffirmation that not all expressions directed at the President/Vice President can automatically be criminalized.

Drafting Team of the Criminal Code: Criticism is not criminalized

Member of the Drafting Team of the Criminal Code, Albert Aries, emphasized that criticism of the President is not criminalized in the Criminal…