MK Rejects Lawsuit On Presidential Defamation Article As New Criminal Code Is Not Yet In Effect

The Constitutional Court has decided not to accept the lawsuit regarding the presidential insult article in Law Number 1 of 2023 on the Criminal Code. One reason for this decision is that the article has not yet been implemented, as the new Criminal Code has not replaced the old one. The court stated that even if the applicants had legal standing to file the request, the provisions in Articles 218 and 219 of Law 1/2023 are not yet in effect and do not have binding legal force. Therefore, the court considers the applicants' request to be premature. The main reason for rejecting the application is that the applicants, Muhammad Amir Rahayaan, Hamka Arsad Refra, and Harso Ohoiwer from Jakarta, were found not to have legal standing. They did not provide sufficient evidence to demonstrate their constitutional standing regarding the alleged harm. The court also noted that the constitutional harm described did not adequately prove any threat from the insult article. Consequently, the court concluded that the applicants lack the legal standing to file the request. The articles in question are Articles 218 and 219 of Law 1 of 2023, which state that anyone publicly insulting the honor of the president or vice president can face a prison sentence of up to 3 years and 6 months.

Article 2 of the same section states that attacks are not considered if they are for public interest or self-defense. Meanwhile, Article 219 addresses offenses related to broadcasting, displaying, or distributing writings or images that attack the dignity of the president and vice president using information technology. This article imposes a prison sentence of up to 4 years and 6 months. The applicants argue that these articles violate the constitution and request the Constitutional Court to remove these provisions.

Tag: Constitutional Court Criminal Code Hamka Arsad Refra Muhammad Amir Rahayaan