HOLOPIS.COM, JAKARTA – Indonesia’s Constitutional Court (MK) has partially granted a judicial review petition challenging Law No. 1 of 2023 on the Criminal Code (KUHP), particularly provisions concerning insults against the president and/or vice president. The ruling was delivered during a hearing in Jakarta on Wednesday (Aug. 12, 2026).
The panel of judges ruled that Article 220(1) of the Criminal Code is conditionally unconstitutional unless it is interpreted to mean that offenses under Articles 218 and 219 can only be prosecuted based on a complaint filed directly by the president and/or vice president.
“The ruling grants the petitioners’ request in part,” MK Chief Justice Suhartoyo said while reading the verdict, Holopis.com reported, Thursday (13/8).
Constitutional Justice M. Guntur Hamzah, who presented the court’s legal reasoning, explained that Article 218(1) is not solely intended to protect the personal interests of the head of state.
According to Guntur, the provision also serves to protect the dignity and authority of the presidency as an institution within Indonesia’s constitutional system.
Meanwhile, Article 218(2) functions as a safeguard to prevent the protection of the president’s and vice president’s dignity from being applied arbitrarily. The provision also serves to protect citizens’ freedom of expression as guaranteed under Article 28E(2) of the 1945 Constitution.
Complaint Must Come Directly From President or Vice President
Regarding Article 219 of the Criminal Code, the Constitutional Court found no ambiguity or legal uncertainty that would violate the Constitution.
The court said the provision is closely connected to the criminal elements of conduct already regulated under Article 218 and therefore cannot be considered separately.
Based on that reasoning, the court rejected the petitioners’ arguments that Articles 218 and 219 violated the principle of equality before the law.
The court also rejected claims concerning alleged violations of legal certainty, freedom of expression, freedom of association, and the right to obtain information under various provisions of the 1945 Constitution.
However, Guntur acknowledged that the wording of Article 220 of the new Criminal Code could still lead to different interpretations regarding who has the right to file a complaint.
The wording could potentially be interpreted as allowing parties other than the president or vice president to file a complaint.
The Constitutional Court therefore emphasized that the right to file a complaint over alleged insults against the president or vice president belongs solely to the president and/or vice president.
“With the Court’s clarification, a complaint by the president and/or vice president may be submitted directly or through a specifically authorized legal representative,” Guntur said.
