Jakarta –
Indonesia’s government clarified Monday that actions attacking the dignity of the President and Vice President will be treated as complaint offenses under Article 218 of the Criminal Code, distinguishing them from legitimate criticism of government policy. This means complaints must come directly from the President, not from supporters.
Defining the Line Between Insult and Criticism
The government aims to differentiate between constructive policy debate and personal attacks against the nation’s leaders.
“I think friends are certain, without needing to read the criminal law book, friends, that’s for sure understand which one is insulted, which one is criticized,” said Minister of Law Supratman Andi Agtas during a press conference at the Ministry of Law building in Kuningan, South Jakarta, on Monday (5/1/2026). “When it comes to any policy related to the policies taken by the government, I don’t think there is a problem.”
Supratman illustrated that insults could include indecent images or personal attacks, while criticism of policy is generally protected. “So there’s no problem with criticizing policies and so on. But if it’s like, say, serving as head of state, head of government, there are indecent images,” he said.
Who Can File a Complaint?
Albert Aries, a member of the team drafting the Criminal Code, emphasized that Article 218 is designed to prevent outside parties from initiating complaints. “As a complaint offense, in my opinion it also closes the loopholes for sympathizers, volunteers or any third party acting on behalf of the President’s interests to make complaints,” Aries explained. “So the possibility is closed because the complaint offense is an absolute complaint offense.”
What does Article 218 say?
Article 218
(1) Any person who publicly attacks the honor or dignity of the President and/or Vice President, shall be punished with a maximum imprisonment of 3 years or a maximum fine of category IV.
(2) It does not constitute an attack on honor or dignity as intended in paragraph (1), if the act is carried out in the public interest or self defense
Explanation:
Sentence (1)
What is meant by ‘attacking one’s honor or honor and dignity’ is an act that degrades or damages one’s good name or self-respect, including defamation or slander.
Sentence (2)
What is meant by ‘carried out in the public interest’ is protecting the interests of the community which are expressed through the right to expression and the right to democracy, for example through demonstrations, criticism, or opinions that differ from the policies of the President and/or Vice President.
In a democratic country, criticism is important as part of freedom of expression which is as constructive as possible, even if it contains disagreement with the actions, policies or actions of the President and/or Vice President. Basically, criticism in this article is a form of supervision, corrections and suggestions on matters relating to the interests of the community.
The clarification comes as the updated Criminal Code is set to take effect, prompting discussion about the boundaries of free speech and presidential protection.
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