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Equality before the law: Are some more equal than others?

The latest draft of the Criminal Code (KUHP) sounds a deep and visceral warning that passing it as is will lead to the return of an authoritarian regime in Indonesia.

Endy Bayuni (The Jakarta Post)
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Jakarta
Thu, August 4, 2022

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I

f the House of Representatives endorses the draft penal code in its current form, it will formally create a class of the ruling elite in Indonesia that is separate from the rest of the nation and will enjoy many privileges, including the way the law treats them.

The draft code seeks to criminalize insults, not just against a sitting president and vice president, but also against anyone in government, meaning in the executive and legislative branches, and the judiciary including law enforcement agencies.

Human rights groups say that the term “insult” is vaguely if not broadly defined in the draft code, and that the related articles could be used to suppress criticizing the government. The draft contains other articles that human rights groups have found problematic. These would make the new code worse instead of better than the existing one, which the government inherited from the Dutch colonial regime.

If the House ignores the mounting public opposition and endorses the draft code, as it intends to this month, it will mark the beginning of Indonesia’s return to authoritarianism. The right to criticize the government, an important element in any functioning democracy, will be endangered. We have been here before: For over 30 years under Soeharto until just before the turn of the millennium, criticizing the regime and all its apparatuses landed you in jail, or worse, got you killed.

Turning the ruling elite into a social class in a democracy reminds us of the pigs in George Orwell’s dark, classic novel, Animal Farm. After the animals rebel against the farmer and seize control, the farm is divided into clusters of different animals, and the pigs become the ruling group. As they begin to enjoy power, they create privileges for themselves and shields against criticisms as their reward for leading the farm. “All animals are equal, but some animals are more equal than others,” says their commandment.

There is nothing wrong with trying to eliminate or reduce the number of insults that we read and hear everywhere, especially in today’s internet era. Social media platforms are full of insults, many degrading and dehumanizing, if not oppressive, and some could even be seen as inciting violence. We really need to do something about it, both online and offline.

Internet platforms are trying to clean up their act but have not been very successful, so governments around the world have been trying to rein in these companies to take more stringent control over digital content.

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