Indonesia's Court Scraps Insult Law, Activists Question Its Reach

Indonesia's Constitutional Court has voided legal provisions that made insulting the government a criminal offence, a move legal experts and activists have welcomed even as they question its practical impact.

The provisions were part of the country's updated penal code, which came into force in January. Their broad wording had drawn criticism from democracy advocates, who feared they could stifle free speech and put government critics at risk of arrest.

On Friday, the nine-member bench ruled on a judicial review filed by law students, agreeing that the clauses could criminalise criticism and create a "chilling effect" on public expression. The court noted that state institutions, as legal entities, do not possess feelings that can be insulted.

The struck-down articles had defined insults as acts that degraded or damaged the honour of the government, including slander and defamation, and carried a penalty of up to three years in prison. The definition of the government included the president, vice president, and ministers.

While praising the decision, experts cautioned that other legal avenues remain available to target dissent. Legal scholar Asfinawati called the ruling good news, and Made Supriatma of the ISEAS-Yusof Ishak Institute said it offers some protection for critics, though it does not cover insults against individuals.

Amnesty International Indonesia's director, Usman Hamid, said the ruling is a positive step but noted that recent cases have relied on defamation or incitement provisions in other laws. "The ruling won't matter much," he said.

The decision comes amid growing concerns about the erosion of democratic values under President Prabowo Subianto, who is working to reassure the public and investors affected by his populist programmes. Indonesia's law minister did not immediately respond to requests for comment.