Activists protesting outside Indonesia's Parliament in December 2022 as a new criminal code is set to be passed. - Reuters
JAKARTA: The Indonesian government on Monday (Jan 5) defended a controversial, newly enacted criminal code which, among other provisions, could impose a six-month jail term on anyone organising a parade, rally, or demonstration on public streets without police notification.
This provision converts an administrative violation into a criminal offence.
At a media briefing on Jan 5, the Ministry of Law and Human Rights stressed that prison sentences would be meted out only for activities that result in “the disruption of public interest”.
The police must be notified of any planned street protest, Deputy Minister of Law and Human Rights Edward Hiariej told reporters at the ministry’s office in Jakarta. “It does not amount to us requiring permission. We don’t ban (expressions of opinion).”
Such measures are necessary, he said, citing a recent incident in West Sumatra where a patient in critical condition died en route to hospital as the ambulance van was stuck for hours in traffic due to an unexpected street protest the authorities were not aware of.
Edward said: “A notification is a must, so police can plan and redirect traffic, ensuring everyone else’s traffic rights are protected.”
He added that the newly ratified penal code stipulating six months in jail, in the event of a guilty verdict, would be implemented if protesters do not notify the police beforehand and their actions disturb the peace or disrupt public interest.
The new laws’ broad definitions have drawn criticism from rights groups and activists concerned about the harm to civil liberties and free speech, and raised fears of putting government critics at risk of arrest.
At the same event on Jan 5, Law and Human Rights Minister Supratman Andi Agtas maintained that the new penal code allows for criticism of the country’s president and vice-president, as long as it does not constitute an insult.
“We have to differentiate between criticism and insult,” he said.
The new code officially came into force on Jan 2, replacing the previous decades-old laws inherited from Dutch colonial rule, which the government said no longer aligned with Indonesia’s current legal and cultural norms.
Efforts to overhaul the laws had been ongoing for decades, culminating in the House of Representatives passing the revisions during the last two presidencies.
Indonesia’s Parliament ratified changes to its colonial-era criminal laws, with a 345-page code known as the KUHP that was passed in 2022.
The new criminal code, which comes into force following a three-year transition period, reintroduces penalties, making it a crime to insult the country’s leaders and state institutions, and also criminalises sex outside marriage.
Among the highlighted provisions is one about “attacking the honour and dignity” of the president and vice-president, which may result in prison terms of up to four years, if such a message were spread online and triggered public disorder.
Similar provisions apply to insults against the government or state agencies, with violators facing a maximum punishment of four years in prison.
Civil groups in Indonesia have warned that the newly enacted laws could undermine civil liberties and risk pushing the country towards an authoritarian state, amid growing reports of intimidation targeting government critics.
Ahead of the implementation of the new laws, a coalition of pro-democracy advocates and scholars had warned that rather than strengthening the country’s justice system, the revisions to the criminal code risk eroding civil liberties and allowing widespread human rights violations, while accelerating a drift towards authoritarian governance.
“The Indonesian criminal justice system is at risk of falling into serious disorder and increasingly endangering the protection of human rights,” said Muhammad Isnur of the Indonesian Legal Aid Foundation, a member of the coalition, during a press conference on Jan 1.
Under the new laws, the offences pertaining to street protests and criticism of leaders and state institutions are classified as complaint-based, and prosecution proceeds only if the offended party lodges a legal motion.
But critics say this could be open to misuse by those in power as well as government officials to criminalise legitimate criticism of government policies.
Activist Andreas Harsono, a researcher at Human Rights Watch, took issue with the notion that street protesters could be sent to prison for disturbing the peace, calling the new criminal laws ambiguous.
“It is a ‘rubber’ article (of law) that could loosely be interpreted by the authorities to catch anyone. This is a step back,” he told The Straits Times on Jan 5.
Usman Hamid, executive director of Amnesty International Indonesia, echoed the sentiment.
“This is a dangerous rule. How is it possible that someone exercising their right to express opinions through demonstrations could end up in prison? The notification requirement (in order to protest and demonstrate)... explicitly threatens human rights and creates a potentially ‘chilling effect’, discouraging people from taking to the streets,” he told ST.
Regarding criticising versus insulting the president, vice-president and state agencies, Mr Usman said the new code is a “rubber clause” likely to be used to criminalise citizens who criticise the president.
“Law enforcement will be highly subjective in determining whether a statement constitutes criticism or an insult. Peaceful expression, no matter how unpleasant it may sound, is part of freedom of expression as long as it is not accompanied by acts of violence,” he added. - The Straits Times/ANN
