The Penal Code contains several controversial articles, including:
Crimes against the personal dignity and honor of the sitting president and vice president Article 218, Section 1 of the code states that any person who attacks the personal dignity and honor of the sitting president or vice president may be punished with up to 3 years and 6 months imprisonment and a fourth-category fine (200 million
rupiah). However, Section 2 of Article 218 provides that such personal attacks may be permitted if they are made in self-defense or in the public interest. Although pro-democracy activists argue that this law infringes on
human rights, it specifies that cases can only proceed if the sitting president or vice president personally files a complaint.
Magic and black magic Article 252 of the code regulates
magic and
black magic. Section 1 of the article states that anyone who claims to possess the ability to perform magic, announces it, gives hope to people for such abilities, or offers and aids in such services that cause significant bodily and mental harm, diseases, or death, will be punished with up to 1 year and 6 months imprisonment and a fourth-category fine (200 million rupiah). Section 2 of the article imposes additional penalties on magic and black magic practitioners who make a living from these activities. This article is controversial, as it is
difficult to prove such claims.
Hoaxing and trolling Hoaxing and
trolling have become a part of the
culture in Indonesia, both among pro-government and anti-government groups, and are widely enjoyed by the population. Troll "factories" and so-called "cyber armies" have been operating in Indonesia since 2016, generating revenue by sowing discord and flooding the internet with socio-political and religious
misinformation. Article 263 threatens trolls and hoax creators with up to 6 years of imprisonment. Protesters argued that this regulation threatens what they called "democracy" and viewed it as an attempt to silence critics. The Ministry of Law and Human Rights responded by condemning the protesters' claims, emphasizing that while criticism is vital for the country, spreading lies and misleading people is not acceptable. The ministry urged the public to read the law carefully and refrain from consuming or spreading irresponsible statements.
Personal space invasion by law enforcement Articles 411 to 413 of the code outlaw
domestic partner relationship,
cohabitation, and
incestuous relationship. For pro-privacy advocates, such regulations may be seen as an invasion of personal space by law enforcement, although the law specifies that such acts can only be prosecuted if a report is filed by nuclear family. With this code, the government hopes that
local law enforcement will not invade privacy, as the law is now codified, and that there will no longer be local regulations granting excessive power to local authorities. However, these articles do not apply to Muslims in
Aceh Province, where a different law enforcement system is in place under Law No. 11/2006 (On Aceh Province), governed by
Wilayatul Hisbah, which is not affected by the new code. == Responses ==