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‘Final’ penal code bill retains 'colonial' provisions
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University students protest against the revision of the Criminal Code (KUHP) in front of the House of Representatives compound, on Monday, Sept. 23, 2019. (JP/Donny Fernando)
T
he latest draft of the Criminal Code (KUHP) bill submitted by the government to the legislative body for speedy deliberation on Wednesday still retains several “colonial” provisions critics say will further curtail civil liberties in the country.
The Law and Human Rights Ministry claims it has made an improvement to the proposed revision to the current legislation, which is based on the colonial penal code, by inserting additional provisions to make it more consistent with prevailing law and watering down a series of articles widely deemed as draconian.
A copy of the bill obtained by The Jakarta Post, however, shows that some of the more contentious provisions are still largely intact.
Insulting president, government
The bill, for example, retains the articles criminalizing insults to the president and vice president. Articles 218 and 219 state that those found guilty of attacking the “honor” and “dignity” of the president and vice president face imprisonment of up 3.5 years, and 4.5 years if committed using a technological device.
The bill, however, also states that insulting the head of state is not a felony if it is done in the “public interest” or in “self-defense”, and the president must file a formal complaint to start prosecution, although the president could do that just by sending a letter to law enforcers asking them to prosecute those accused of making the insult.
It is also a crime to insult the government, according to the bill. The crime is punishable by imprisonment of up to three years in jail, and up to four years if it is committed using a technological device.
