Indonesia’s Constitutional Court annuls articles on insult against president
December 11, 2006
The Alliance of Independent Journalist (AJI) Indonesia welcomes a Constitutional Court ruling stating that three articles of law prohibiting insult of the president - namely, Article 134, Article 136 bis, and Article 137 of the Criminal Code - are not legally binding because they violate the 1945 Constitution.
According to local news site “Tempo Interaktif”, in July 2006, lawyer Eggy Sudjana and political activist Pandapotan Lubis applied for a constitutional review of the articles, which they said violated Article 27 point (1), Article 28, Article 28E point (2) and point (3), Article 28F, and Article 28j point (1) and point (2) of the 1945 Constitution.
In its ruling on the matter on 6 December 2006, the Constitutional Court stressed that the provisions were invalid because they were overridden by the principle of equality before the law. The provisions also curbed freedom of expression, freedom of information and the principle of legal certainties. The provisions created legal uncertainties because of its arbitrary interpretation of protests and statements of opinion as criticisms or insults against the president. Read the rest of this entry »
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