Jakarta –
After receiving much criticism, the government and the DPR finally removed the article about insulting public authorities, such as the police, prosecutors and members of the DPR. Previously, he was charged with up to 18 months in prison.
The following is a comparison between the November 9 RKUHP release and the November 30 RKUHP release as quoted by detikcom, Mon (5/12/2022):
RKUHP release November 9th
Contempt for public power and state institutions
Article 347
(1) Whoever in public, verbally or in writing, insults public authority or state institutions, is punished with imprisonment up to a maximum of 1 (one) year and 6 (six) months or with the maximum fine of category II .
(2) In the event that the crime referred to in paragraph (1) causes unrest in society, the penalty is imprisonment up to 3 (three) years or with the maximum fine of category IV.
(3) The criminal act under paragraph (1) can only be prosecuted on the basis of the denunciation of the offended party.
“This provision is intended to respect public power or state institutions. Therefore, acts of offense to public power or public institutions are punished under this provision. “Public power or state institutions” means, among others, the People’s Legislative Council, the Regional People’s Representative Council, the Indonesian National Police, the Attorney General’s Office of the Republic of Indonesia or the regional government,” the explanation of Article 347(1) reads.
RKUHP November 30 release
Elimination of the article on the outrage against public power and state institutions
ARTICLE IN GOVERNMENT CONFUSION
The RKUHP still maintains an insult to the government article. Here is the comparison:
RKUHP release November 9th
Contempt for the government
Article 240
1. Whoever publicly, verbally or in writing, insults the government or state institutions, is punished with imprisonment up to 1 (one) year and 6 (six) months or with the maximum II category fine.
2. In the event that an uproar within the community arises from the crime referred to in paragraph 1, the penalty is imprisonment of up to 3 (three) years or the maximum fine of the IV category.
3. The crime referred to in paragraph 1 can only be prosecuted upon complaint by the offended person.
4. The complaint referred to in paragraph 3 is presented in writing by the head of government or state body.
RKUHP November 30 release
Contempt for government or state institutions
Article 240
1. Whoever publicly, verbally or in writing, insults the government or state institutions, is punished with imprisonment up to 1 (one) year and 6 (six) months or with the maximum II category fine.
2. In the event that an uproar within the community arises from the crime referred to in paragraph 1, the penalty is imprisonment of up to 3 (three) years or the maximum fine of the IV category.
3. The crime referred to in paragraph 1 can only be prosecuted upon complaint by the offended person.
4. The complaint referred to in paragraph 3 is presented in writing by the head of government or state body.
See also “Experts on Exceeded RKUHP Can Punish Critics”:
(asp/may)
