Law Minister Supratman Andi Agtas, in a press conference in Jakarta on Monday (Jan. 5), stated that the new provision exempts activities conducted for research purposes from criminal sanctions.
The new provision Agtas referred to was Article 188 paragraph (6), which states that anyone who studies the teachings of communism, Marxism, Leninism, or other ideologies that conflict with Pancasila for the sake of knowledge will not be subject to criminal penalties.
"We have agreed that our ideology is the Pancasila ideology. We also know that communist teachings cannot be disseminated because they contradict Pancasila. I don't think there's a problem with this," he said.
Meanwhile, Deputy Minister of Law Edward Omar Sharif Hiariej stated that Article 188 in the newly enacted Criminal Code is the result of reforms.
He explained that Article 188 in the new Criminal Code originated from Law Number 27 of 1999 concerning Amendments to the Criminal Codes relating to Crimes against State Security.
"Law Number 27 of 1999 added six new provisions to Articles 197a through 107f of the old Criminal Code. These were then transferred to Articles 188 and so on," Edward said.
He stated that the provision is not new, noting that it is a long-standing rule dating back to the reform era.
On the same occasion, Albert Aries, a member of the Criminal Code Drafting Team, explained the meaning of "other ideologies" based on Article 188 paragraph (1) of the Criminal Code.
"Other ideologies are all political ideologies that essentially oppose Pancasila. We know that Pancasila is final as the ideology and basic norm of the state," Aries said.
What is meant by "spreading and developing teachings," he said, is forming a group movement to oppose Pancasila, as stated in the Explanation to Article 188 paragraph (1) of the Criminal Code.
Previously, the Criminal Code (KUHP) was signed by Joko Widodo as President of Indonesia and promulgated by the Minister of State Secretary Pratikno on January 2, 2023.
Article 624 of the Criminal Code states that these laws and regulations will only come into effect three years from the date of promulgation, or January 2, 2026. Therefore, the new Criminal Code will come into effect on that date.
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Translator: Rio Feisal, Cindy Frishanti Octavia
Editor: Azis Kurmala
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