Coordinating Minister for Legal, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra said the distinction between criticism and insult as regulated in the Criminal Code is already clear.

He noted that the definitions of criticism and insult in the new Criminal Code are largely consistent with those in the previous code. However, he added that the interpretation will become clearer through court jurisprudence that develops after the new law comes into force.

“The old Criminal Code was already very clear in distinguishing criticism from insult, and I believe the new provisions will not differ significantly,” Mahendra said when speaking to reporters at the Constitutional Court building on Wednesday.

He explained that criticism refers to the expression of analysis on an issue, including identifying aspects considered incorrect and offering solutions to address the problem.

An insult, on the other hand, he said, involves the use of degrading or demeaning language toward others.

Mahendra stressed that he has no objection to public criticism, but said insults are unacceptable because they violate societal norms of decency and propriety.

He also urged the public not to be concerned about restrictions on freedom of expression, noting that provisions related to insults against the head of state or state institutions under the new Criminal Code are complaint-based offenses.

“If a person is insulted, that individual must personally file a complaint. It cannot be done by followers, supporters, or staff,” he said.

He added that the same principle applies to state institutions. If an institution is insulted, the institution itself must formally decide to submit a complaint.

“For example, if the House of Representatives (DPR) is insulted, it must first take an institutional decision, such as through a plenary session, before filing a complaint,” he explained.

Article 218 of the new Criminal Code regulates penalties for insults against the president and or vice president, while Article 240 governs offenses related to insults against state institutions or agencies.

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