Indonesia’s New Draft Criminal Code Restrains Political Dissent

Even in the face of strong public protest over a set of proposed revisions to criminal laws that infringe Indonesians’ free expression rights, the Indonesian Ministry of Law and Human Rights last month sent to the Parliament a new draft of the Criminal Code (CC) that threatens to further chill political dissent and civic participation. In particular, it contains provisions that criminalize defamation and insult of public officials, including the President and members of the government. Indonesians deserve a reformed CC that protects fundamental rights to express their opinions, including criticizing and disagreeing with elected officials and the government.  The new draft instead robs people of these rights. EFF joins its global partners in calling on the Indonesian Parliament to hold inclusive and meaningful public consultations and revise the new draft CC in line with Indonesia’s international human rights obligations. 

Lack of Meaningful Public Discussions

The CC, a law with Dutch colonial legacy, has been in reform since 1958. One of the latest drafts was introduced in 2019, when the government announced that a new code would be adopted soon—without ever making it public. That sparked protests, forcing the government to release the draft code, which in turn prompted massive demonstrations across Indonesia about the code’s  infringement on free expression. The public was concerned with a number of provisions, ranging from criminalizing adultery and blasphemy to the impact on minorities and civil society. The government did not move forward with that draft. The Indonesian government now has a track record of failing to hold public consultations around amendments to the CC. In June, it announced a new draft CC, and again didn’t release it publicly. After pressure from civil society, the government made the draft of 632 articles public on July 6. It has not organized any inclusive public discussions,  instead claiming  to have met the  requirement of public participation and awareness raising through  so-called socialization sessions in only 12 locations in Indonesia. The Government has been pushing for a swift adoption of the full draft of the controversial new CC, even though it was only made public  at  the beginning of July. As the draft is already in the Parliament, the only remaining allegedly public forum about it is  a  question and answer session between  lawmakers  and the Government, in which the public is not allowed to participate. This means that Indonesians and local civil society organizations haven't had any meaningful avenue to raise their concerns, provide input, and participate in shaping one of the most important and consequential laws in Indonesia. In the beginning of August, Indonesian  President Joko Widodo asked the government to seek public opinion about  the draft CC, before it is adopted, to raise awareness. This is an  important step in the right direction. 

No Criminalization of Defamation 

Among the most problematic provisions in the new draft CC are those establishing criminal punishment, including imprisonment, for defamation and insults against the President and Vice President, the government, and public authorities and State institutions. Defamation laws usually are aimed at protecting individuals from reputational harm. Civil defamation laws allow  injured parties to sue and ask for an apology or seek monetary compensation.  Criminal defamation laws, on the other hand, are used as a hammer to silence people and disproportionately restrict freedom of expression. While Indonesia is trying to turn a page on its colonial past, these provisions were previously used to forbid people from expressing their dissent and disappointment towards the authorities. Moreover, the provision on defamation and insult against the President and Vice President was historically used to protect the dignity of the Queen, also known as