VZCZCXRO4805
PP RUEHCHI RUEHDT RUEHHM
DE RUEHJA #3476 3480727
ZNR UUUUU ZZH
P 140727Z DEC 06
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC PRIORITY 2451
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
RHHJJPI/USPACOM HONOLULU HI PRIORITY

UNCLAS JAKARTA 013476 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PREL PGOV ID
SUBJECT: CONSTITUTIONAL COURT RULES INSULTING THE PRESIDENT 
IS NOT A CRIME 
 
REF: JAKARTA 12607 
 
¶1.  (U) Summary:  A divided Constitutional Court on December 
7 struck down three articles of the Criminal Code which made 
insulting the President or Vice President a criminal act. 
The instant case involved an appeal brought by two political 
activists being tried for insulting President Yudhoyono 
during a political rally.  The five to four ruling was an 
important step in expanding the right to free political 
speech and brings Indonesian jurisprudence in line with 
international standards.  It also breathes fresh air into the 
attempt by Indonesian human rights lawyers to ensure that the 
planned revision of the Criminal Code will codify the Court's 
ruling.  While the debate will probably endure should the 
government maintain such provisions in its draft Criminal 
Code, the multi-year process expected to adopt the broader 
legislation (reftel) will keep the current decision intact 
for some time. End Summary 
 
¶2. (U) On December 7, the Constitutional Court struck down 
Articles 134, 136, and 137 of the Criminal Code, which made 
insulting the President or Vice President a criminal act. 
The articles are a colonial legacy originally intended to 
protect the Dutch royal family from insult.  They remained in 
force after independence and permitted prison sentences of up 
to six years for violations. 
 
Law Used to Silence Opponents 
----------------------------- 
 
¶3. (U) Former President Soeharto used the articles to 
intimidate, silence, and punish opposition figures.  Since 
his departure the articles were used on several occasions. 
During President Megawati's administration, two newspaper 
editors were given suspended sentences after being convicted 
of defaming the president.  Earlier this year, Fakhrur 
Rahman, an activist at the State Islamic University in 
Jakarta, was sentenced to three months in prison for 
insulting President Yudhoyono during a protest. 
 
¶4. (U) The current case arose after two activists, Eggi 
Sudjana and Pandapotan Lubis, were charged for public 
comments they made about President Yudhoyono earlier this 
year.  During the course of their criminal trial, they filed 
suit asking for a determination of the constitutionality of 
the articles under which they were charged. 
 
¶5. (U) A five-member majority of the Constitutional Court, 
led by Chief Justice Jimly Asshiddiqie, struck down the 
articles because they violated constitutionally-guaranteed 
rights to free speech and to receive information.  The 
majority opinion also ruled that the articles were overly 
vague and that they were implemented in a manner which 
violates the legal principle that legislation must clearly 
outline proscribed behavior.  The dissent argued that 
protecting the dignity of the Office of the President and 
Vice President is a legitimate purpose, but admitted that the 
implementation of the contested articles had been 
problematic. 
 
Decision Is a Milestone 
----------------------- 
 
¶6. (U) Noted Indonesian human rights lawyer, Todung Mulya 
Lubis, (no relation to the plaintiffs) told poloff that the 
Constitutional Court ruling is a milestone and brings 
Indonesian law in line with international free speech 
standards.  When asked what impact the ruling would have on 
efforts to revise the Criminal Code, Lubis stated that the 
work of the team has not been made public, but that the 
government team should take this decision into account when 
formulating its proposal.  When the proposed revised code is 
put before committee, Lubis expects friendly legislators to 
call him as an expert witness, allowing him to argue that 
insulting the President or Vice President should not 
be criminalized.  Media reports state that the Chair of the 
government team drafting the Criminal Code revision is on 
record defending the contested articles.  The Chairman of the 
National Committee for Human Rights, Abdul Hakim Garuda 
Nusantara, separately confirmed to us that the government 
team supports criminal penalties for insulting the President 
or Vice President.  While the issue may yet be debated in the 
context of the new draft code, the current court decision 
should remain intact for some time, since the new legislation 
is not expected to be adopted for several years. 
PASCOE