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View all search resultsDespite years of constitutional reform and judicial intervention, the state's reflexive tendency to criminalize criticism of those in power remains alive and well.
hen West Java Police arrested two social media users for mocking President Prabowo Subianto's claim that Iran has nuclear weapons, it was more than another bizarre headline - it was a warning sign. Despite years of constitutional reform and judicial intervention, the state's reflexive tendency to criminalize criticism of those in power remains alive and well.
The irony is striking. Even as the Constitutional Court has moved to narrow speech-related offenses under the Electronic Information and Transactions (ITE) Law, law enforcement and regulators appear to be finding new ways to achieve the same result: suppressing criticism and discouraging dissent.
The controversy began when Prabowo publicly stated that Iran possessed nuclear weapons. The remark drew criticism from foreign policy observers and prompted a response from the Iranian Embassy in Jakarta, which denied Tehran had developed or sought nuclear capabilities.
Two social media users who reposted and commented on the matter were subsequently arrested by West Java Police over allegations of provocation and incitement under the ITE Law and the Criminal Code.
The state has a legitimate interest in addressing genuine threats of violence.
What is troubling here is the readiness of law enforcement to transform political commentary into a criminal matter. Criticism, satire, outrage and even offensive rhetoric are inherent features of democratic discourse. If questioning a president's public statement can trigger arrest, the line between political debate and criminal liability effectively disappears.
These arrests appear to conflict with the Constitutional Court's landmark 2024 ruling No. 115. In April 2025, the court ruled that the term kerusuhan (riot or unrest) in Articles 28(3) and 45A(3) of the ITE Law must be interpreted narrowly - referring to physical disturbances of public order, not online controversy, agitation or debate.
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