KUHP RI 2023

In 2023, the Indonesian government has 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 dignity and honor to be maintained, such as the soul, honor, and good name of every human being must also be protected, free from acts of defamation against them. Meanwhile, in Indonesia, there are often cases involving insults committed 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/criminal…” 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 2023 Criminal Code

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 make democratization a liberal culture. Third, it is impossible to abolish the article on insulting the President and Vice President, while the Presidents of other countries are protected in their dignity.

Regarding insults to 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 value of divinity, the value of humanity, the value of unity and integrity, the value of democracy and the value of justice).

However, Indonesia adheres to a presidential system which gives the people the right to oversee the running of the government, and respond to the actions of its leaders. The stipulation of this article will also affect the quality of government in the future, because the people who should be the check and balance of the government will be a little afraid to convey their criticism. Because even though clear boundaries have been given between criticizing and insulting, law is the art of interpretation.

The decision to revive the articles on insulting the President and Vice President in a country that adheres to presidentialism is very dangerous. Seeing Indonesia's position as a democratic country is not a monarchy. Where the style of the kingdom places the king or queen always at the point of truth over his decisions and cannot be contested. The basic 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. Furthermore, in future political developments, it is greatly feared that this article is just a guise to criminalize the voices of the people who are contrary to the interests of the President.

The legal logic is, if there are provisions for general articles on defamation, then in a democratic country there is no need to specifically regulate articles on defamation 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 become good checks and balances so that they can create the democratic state they aspire to.