Indonesia Court Strikes Down Criminal Code Articles on Insulting Govt

Indonesia’s Constitutional Court has declared two provisions of the 2023 Criminal Code unconstitutional. The Court ruled that Articles 240 and 241, which criminalize insults against the government and state institutions, violate the 1945 Constitution and have no legal force. Chief Justice Suhartoyo stated that these provisions could restrict citizens’ constitutional rights secured by the Constitution.

Constitutional Justice Adies Kadir emphasized that state institutions, being legal entities without feelings, should be open to public criticism without protection under the law. The Court also found that the provisions allowed for subjective interpretation by law enforcement, potentially criminalizing legitimate criticism and stifling public expression of thoughts and views.

The Court noted that the challenged provisions did not safeguard several constitutional rights, including freedom of expression and association. Petitioners, including Tania Iskandar and Sila Fide Novira Nggebu, argued that the vague definition of "insult" posed a risk of criminalization when exercising constitutional rights.