Indonesian Constitutional Court rulings on defamation laws

The Constitutional Court of Indonesia has issued rulings regarding defamation and insult provisions within the 2023 Criminal Code.

Initially, the Court partially granted a judicial review of Article 220, paragraph (1), declaring it unconstitutional unless interpreted as a complaint-based crime. This ruling mandated that criminal offenses regarding insults to the President or Vice President can only be prosecuted if a formal complaint is filed by the targeted officials themselves, thereby preventing third parties from initiating such legal proceedings. Judge Guntur Hamzah stated that while the norms protect the dignity of the presidency, they must also “safeguard citizens’ freedom of expression.”

Subsequent developments saw the Court strike down provisions that criminalized insulting the government, voiding articles that carried potential prison sentences of up to three years for degrading the honor of the president, vice president, or ministers. While legal experts noted the decision reduces the risk of a “chilling effect” on free speech, some observers cautioned that the ruling does not apply to provisions criminalizing insults against individuals.