Building on prior explanations of the legal history behind insult clauses, Indonesia's Human Rights Minister Natalius Pigai and Deputy Justice Minister Edward Omar Sharif Hiariej further addressed concerns over Article 218 (insulting the president) and introduced Article 256 (demonstration notifications) in the new Criminal Code, effective January 2, 2026. Pigai compared it to unused provisions in Germany, while Hiariej cited a fatal traffic incident in West Sumatra.
Jakarta – Following earlier government clarifications on the historical and limited nature of insult provisions for the president, vice president, and state institutions in the new Criminal Code (KUHP, Law Number 1 of 2023), two senior officials provided additional reassurances on Monday (January 6, 2026).
Human Rights Minister Natalius Pigai, in an interview at the Ministry of Human Rights, urged calm over Article 218, which penalizes public attacks on the head of state's honor or dignity with up to three years in prison or a fine. He noted similar laws exist in Germany but are never used to imprison citizens. "In Germany, it exists, but the German chancellor has never imprisoned his people for it. So, don't worry too much," Pigai said.
Pigai emphasized the clause's symbolic role in protecting state dignity and its status as a complaint offense (delik aduan), prosecutable only if the affected party files and does not withdraw the complaint. "Only the concerned party reports it, and the same party grants forgiveness and withdrawal," he added, deeming it unlikely for leaders to pursue jailings. The ministry has not yet evaluated potential human rights issues pre-implementation and appreciated the KUHP's embedded rights protections.
At a Ministry of Law and Human Rights press conference the same day, Deputy Justice Minister Edward Omar Sharif Hiariej explained Article 256, requiring prior notification for public demonstrations, with penalties up to six months imprisonment or a fine for disruptions. "Why must this article exist? Because it is based on an experience that happened in West Sumatra," he said, referencing a protest-caused traffic jam that led to a patient's death in an ambulance.
Hiariej stressed balancing protest freedoms with others' rights, particularly traffic management. "The purpose of notifying security apparatus is to regulate traffic. We guarantee freedom of speech in demonstrations, but we must remember there are rights for other road users," he said. Coordinators notifying police are protected even if unrest occurs, while unnotified but non-disruptive events face no penalty.
These statements form part of preparations for KUHP implementation, including guidelines for law enforcement.
