Indonesia's Constitutional Court overturned a provision criminalizing insults against the government and state institutions, less than eight months after its implementation. The court cited openness to discretionary interpretation as a risk of criminalizing legitimate criticism.
On August 31, 2569, at 10.27:8 AM, Bloomberg News reported that the Indonesian Constitutional Court ruled to overturn a provision that criminalized insulting the government and state institutions. This restriction had been in effect for less than eight months. The court found that the law threatened freedom of expression and allowed authorities excessive discretion in determining what constituted defamation.
The court ruled on Friday to overturn Articles 240 and 241, stating that state institutions themselves have no feeling of praise, criticism, or contempt, and therefore there should be no law that criminalizes expressing opinions about government agencies.
The ruling partially repeals Indonesia's 2566 Penal Code, which came into effect on January 2nd of this year. The repealed provisions cover insults against the government and state institutions, including parliament, the Supreme Court, and the Constitutional Court, as well as the dissemination of such content online.
This ruling eases some restrictions on political expression at a time when human rights organizations have expressed concerns about the use of other laws to prosecute critics of the government under President Prabowo Subianto.
The court agreed with the petitioner that the provision leaves room for subjective interpretation or discretion by law enforcement, which could criminalize legitimate criticism and create a chilling effect on society, discouraging people from expressing their opinions.
The court therefore ruled that both articles were unconstitutional and had no legal binding effect, preventing police and prosecutors from using them to prosecute cases without needing to wait for parliament to amend the law.
Before the law was abolished, the offense of insulting the government or state institutions in public carried a maximum prison sentence of 18 months, while disseminating such content carried a maximum prison sentence of 3 years, and could result in heavier penalties if the act led to social unrest.
Since the two articles of the law came into effect, there have been no public reports of anyone being charged under them, despite President Prabowo and his government facing continued and sometimes severe public criticism.
However, concerns about freedom of expression in Indonesia have not disappeared, as there are other laws that can be applied to those who criticize the government.
Earlier this month, Amnesty International called on Indonesia to release two social media users who were arrested for posting content related to President Prayo's remarks about Iran's nuclear program. The organization said the case reflected the shrinking space for freedom of expression in Indonesia.
Reference: www.bloomberg.com
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