RI Govt backs Court ruling on presidential defamation complaints

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3 hours ago

Jakarta (ANTARA) – Indonesia’s government backed a Constitutional Court ruling limiting who can file presidential defamation complaints, saying only the president or vice president can initiate such cases.

Coordinating Minister for Law, Human Rights and Immigration Yusril Ihza Mahendra said Friday the binding ruling provides legal certainty under the Criminal Code (KUHP).

“The decision eliminates any double standard or misinterpretation,” Mahendra said in Jakarta.

“No third party, including aides or political supporters, has legal standing to file a complaint,” he added.

Mahendra said the government respects the ruling and law enforcement agencies, including the Indonesian National Police, must comply when handling potential offenses.

While upholding provisions criminalizing insults against the president and vice president, Mahendra said legitimate criticism, democratic debate and freedom of expression remain protected.

The Constitutional Court partially granted a judicial review petition Wednesday, ruling that presidential defamation prosecutions can begin only after a direct complaint by the president or vice president.

“The court partially approves the petitioners’ request,” Chief Justice Suhartoyo said while delivering the ruling in Jakarta.

The court said criminalizing insults against top leaders protects both their personal dignity and the institutional authority of the presidency.

Constitutional Judge M. Guntur Hamzah said Article 218, Paragraph 2 safeguards against excessive application of protections for top officials, preserving freedom of expression under the 1945 Constitution.

The court also ruled that the criminal provisions in Article 219 do not create legal ambiguity or uncertainty.

However, Hamzah said Article 220, Paragraph 1 required clarification because of conflicting interpretations over who has legal standing to file complaints.

Under the revised interpretation, cases under Articles 218 and 219 can proceed only after the president or vice president files a complaint personally or through a legal proxy.