ASEAN Regional Coalition to #StopDigitalDictatorship
Article 144 of the old Criminal Code (spreading
these clauses can hinder societal critiques directed
defamation of kings or heads of friendly countries),
at the government or those in authority for the
Article 207 of the old Criminal Code (defamation of
shortcomings of a prevailing system or events. This
authorities or public bodies), and Article 208 of the
is due to the potential distortion of such criticism
old Criminal Code (spreading defamation against
into an offence that falls under criminal law, posing
authorities or public bodies).
a barrier to open expression.
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Regarding the defamation-related articles, human
rights advocates Haris Azhar and Fatiah Maulidiyanti,
along with the Indonesian Legal Aid Foundation
(YLBHI) and the Independent Journalists Alliance
(AJI), filed a judicial review lawsuit in the Indonesian
Constitutional Court. Article 14,Article 15 as well
as Article 310 Paragraph (1) of the old Criminal
Code have been declared unconstitutional by the
Indonesian Constitutional Court in March 2024.14
However, the new Criminal Code still maintains
repressive articles related to defamation.Articles
218-219 in new Criminal Code resurrect clauses
prohibiting the act of insulting the president, reminiscent
of lèse-majesté provisions crafted to safeguard
the honour of a head of state in a monarchy. The
language employed in the new Criminal Code
specifies “attacks towards the honour and dignity
of the President and/or Vice-President”, mirroring
the explanation used for defamation, described as
“degrading or damaging the good name or dignity,
including through insults or slander”.15
Controlling Narratives: The Criminal
Code’s Stance on Spreading Fake News
Despite the changes in the Criminal Code, Indonesia
has consistently taken a strong stance against
the proliferation of fake news. The old Criminal
Code, specifically Articles 14 and 15, addressed
the issue of fake news, with Article 14(1) being
particularly significant as it prohibited the deliberate
dissemination of false news or statements inciting
societal disturbance. In July 2023, a coalition
of human rights groups raised concerns about
Article 14 and 15, contending that it infringed upon
the state’s responsibility to uphold freedom of
expression and access to information.17 This led to
the Constitutional Court’s decision to annul these
articles in March 2024.18 However, the introduction
of the new Criminal Code has reignited discussions
around fake news, as it revisits a similar provision.
Articles 263 and 264 of the new Criminal Code
still criminalise people who spread fake news, but
with a small twist: replacing the term “disturbance”
These two articles were broadened by the existence
of Articles 240 and 241, which extend to include
insults directed at state institutions like the People’s
Consultative Assembly (MPR), House of Representatives
(DPR), Regional House of Representatives (DPD),
Supreme Court, and Constitutional Court, deeming
with “riot”. This recent development regarding the
criminalisation of fake news shows the continued
importance of advocating for digital rights. While
many believe that contemporary societies equate
to democracy and enhanced liberties, the reality is
that these governments may not always prioritise
such acts as criminal offences.16
the liberation of their own people.19
The existence of Articles 218-219 and Articles 240-
Blurred Lines: The Unsettling Landscape
of Religious Blasphemy in Indonesia
241, indeed shows the regression of democracy,
maintaining the similar provision of old criminal
code. It serves as tools to stifle public criticism
Indonesia has multiple criminal provisions concerning
through legal mechanisms, impeding the exercise
blasphemy, with the most well-known is the so-
of the right to freedom of opinion. The presence of
called Blasphemy Law (Presidential Instruction
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Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia