The Constitutional Court issued a ruling on Friday overturning Articles 240 and 241 of the new Criminal Code, which previously imposed criminal penalties for insulting the government and state institutions. A nine-justice panel granted a petition brought by a dozen law school students, removing provisions that activists warned created a chilling effect on free expression.
Legal Challenge to Articles 240 and 241
The legal challenge originated from a petition filed in December by the students. The plaintiffs argued that provisions penalizing defaming the government and state institutions could erode public criticism. They maintained that legal protections against alleged insults ought to apply to individuals rather than institutions. According to Justice Adies Kadir, who read the ruling, the court agreed that state entities must welcome public oversight and opinions instead of viewing them as defamation.
The overturned articles established severe punishments for public defamation of state bodies. Under the scrapped provisions, individuals convicted of publicly defaming the government or state entities faced up to one year in prison or a fine of up to Rp 10 million (US$563). If prosecutors proved the insults were publicly distributed and caused public disorder, penalties escalated to four years behind bars or a fine reaching Rp 200 million. The new Criminal Code itself took effect on Jan. 2, replacing a nearly-century-old penal code in use since the Dutch colonial era.
Did You Know?
Within the new Criminal Code, the administration is designated as the president, vice president alongside cabinet ministers, while state organs comprise the People’s Consultative Assembly (MPR), House of Representatives, Regional Representative Council (DPD), Supreme Court, and Constitutional Court.
Scope of Government Oversight and Free Speech
The court warned that the dismissed articles carried a distinct risk of diminishing citizens’ constitutional rights. Justice Adies Kadir emphasized during the ruling that the provisions threatened to criminalize legitimate evaluations and opinions. Just a fortnight prior to this ruling, the court limited specific sections of the updated Criminal Code by forbidding family members, supporters, and other external parties from submitting defamation charges on behalf of the president or vice president.
Despite the court’s actions, civil society organizations remain cautious about the overall state of civic freedom. Erasmus Napitupulu, executive director of Institute for Criminal Justice Reform (ICJR), pointed out that authorities frequently rely on alternative statutes to target critics. He highlighted online defamation rules within the Electronic Information and Transaction (ITE) Law as draconian provisions still actively used to criminalize dissent under the administration of President Prabowo Subianto.
Expert Insight
While judicial decriminalization of institutional insult removes a direct statutory hurdle for critics, legal analysts and advocacy groups emphasize that broader systemic enforcement patterns under separate statutes like the ITE Law continue to shape the practical boundaries of free expression in Indonesia.
Broader Intimidations and Protests in Indonesia
Beyond courtroom prosecutions, human rights monitors report wider pressures facing public critics. Amnesty International Indonesia recorded nearly 300 instances where government critics encountered intimidation or violence throughout 2025, alongside 58 individuals reported to law enforcement over their social media publications.
This heightened enforcement environment coincided with nationwide demonstrations held between August and September last year. Masses numbering in the tens of thousands demonstrated in public areas to protest against escalating living expenses and dissatisfaction with the policy priorities pursued by the Prabowo administration. Usman Hamid, the executive director of Amnesty Indonesia, pointed out that Friday’s verdict would not immediately reverse the ongoing crackdown, observing that over the past year, most government critics facing trial were actually prosecuted under severe ITE law provisions instead.
Frequently Asked Questions
What specific articles did the Constitutional Court scrap?
The nine-justice panel overturned Articles 240 and 241 of the new Criminal Code, which penalized the public defamation of the government and state institutions.
Who filed the legal petition that led to this ruling?
A dozen of law school students filed the petition in December last year, arguing that the defamation provisions threatened legitimate public oversight and criticism.
What penalties did the overturned articles carry?
Convictions under the scrapped articles carried sentences of up to one year in prison or fined up to Rp 10 million (US$563). Should the defamatory statements have been shared publicly and triggered civic unrest, the punishment could escalate to a four-year imprisonment term or a monetary penalty reaching Rp 200 million.
How will this court ruling impact ongoing legal challenges faced by government critics in the country?
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