Presidential Insult Article Closed, Critics Now Threatened Through the ITE Law

The Constitutional Court (MK) ruled that the criminal offense of insulting the President and Vice President can only be filed directly by the individuals concerned. This decision means third parties such as volunteers, sympathizers, and buzzers can no longer report alleged insults to the President. However, senior journalist Hersubeno Arief sees a potential shift in the legal instruments used by authorities or complainants to continue targeting criticism in the public sphere through two alternative articles. "One, articles of the ITE Law, especially the article on illegal access/electronic systems or intimidation. For example, Article 29 in conjunction with Article 45B of the ITE Law, this is sending information containing threats/intimidation. Or Article 30 in conjunction with Article 51 on manipulation of electronic information creation," he said on the Hersubeno Point YouTube channel, quoted on Thursday (13/8). He stressed that these articles are ordinary offenses, so police can process the law independently without needing a complaint from the President. In addition, Hersu highlighted the possibility of using criminal articles on fake news or causing a disturbance in the new Criminal Code and the ITE Law. This norm regulates the spread of fake news that causes riots or commotion, so it could become a new entry point to ensnare criticism. For information, the MK through Decision Number 275/PUU-XXIII/2025 read out on August 12, 2026 affirmed that cases of alleged insults to the President and Vice President are absolute complaint offenses. This means only the President or Vice President has the right to report, either directly or through legal counsel with a special power of attorney. https://www.harianaceh.co.id/2026/08/13/awas-pasal-penghinaan-presiden-ditutup-aparat-kini-incar-kritikus-lewat-uu-ite/