Constitutional Court limits presidential defamation prosecution in Indonesia

The Constitutional Court of Indonesia has partially granted a judicial review regarding defamation articles against the President and Vice President within the 2023 Criminal Code (Law No. 1 of 2023).

In its ruling, the Court declared that Article 220, paragraph (1) of the Criminal Code is unconstitutional unless interpreted to mean that criminal offenses under Articles 218 and 219 can only be prosecuted based on a formal complaint filed by the President or Vice President themselves. This decision restricts the ability of third parties, such as family members, supporters, or volunteers, to initiate legal proceedings regarding insults to the head of state.

Constitutional Judge Guntur Hamzah noted that while the norms aim to protect the dignity of the presidency as an institution, they must also safeguard citizens' freedom of expression. The ruling clarifies that these offenses are complaint-based crimes (delik aduan), ensuring that the legal process requires the direct will of the targeted official to proceed.