Expert: Criminal Code Clause on Insulting President a Setback

TEMPO.CO, Jakarta - Constitutional law expert Refly Harun said the existence of an article about insulting the president/vice president in the Criminal Code Bill or RKUHP is a setback. He said the article is unsuitable in today's perspective of constitutionalism.

Refly told Tempo on Thursday, September 19, that in the original RKUHP inherited by the Netherlands, known as the Wetboek van Strafrecht voor Nederlandsch-Indie, the article was used to protect the governor of the Dutch East Indies.

The article is also used in kingdoms and imperial nations which adhere to the principle that the king/queen can do no wrong.

In a democracy, said Refly, this article is incompatible. He reminded that in a democracy no one is above others. "What distinguishes each individual is their rights and obligations, their duties. But no one gets a special protection," he said.

According to Refly, the president and vice president can just use the general laws that apply to all citizens, for example the article on defamation. There is also the Information and Electronic Transaction (ITE) Act to refer to.

"The bottom line is, [they] should not be exclusive," Refly said.

The government and the DPR insisted on including the article when agreeing to the Criminal Code draft yesterday, September 18.

Article 218 of the Code stated that an attack against the dignity and honor of the President or Vice President is punishable by law up to a maximum prison time of 3.5 years or a fine. The act is not considered an attack if it was done for public interest or self-defense.

Article 219 stipulates that anyone who publicly displays and shares texts and/or images that attack the honor and dignity of the President or Vice President could face a jail sentence of up to 4.5 years.

BUDIARTI UTAMI PUTRI