The Indonesian Constitutional Court (MK) granted the judicial review petition and revoked Articles 240 and 241 of Law No. 1 of 2023 on the new Criminal Code (KUHP). The decision was delivered by Chief Justice Soehartoyo at the Constitutional Court building in Jakarta on Friday, August 28.
Article 240: Previously criminalised insulting the government or state institutions in public, whether verbally or in writing.
Article 241: Previously penalised disseminating materials containing insults against the government or state institutions through various media, including information technology.
These two articles on the new Criminal Code (KUHP have been annulled by the constitutional court (MK). So it is now no longer illegal to say, the police (rather than saying certain Policemen), the supreme court (rather than saying the certain judges in the supreme court) are corrupt. The key consideration is that the MK concluded that the articles undermined legal certainty and compromised the core tenets of a democratic state.
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