Ary Hermawan, Jakarta – The Constitutional Court began reviewing Monday whether articles in the Criminal Code concerning defamation of the President and Vice President are unconstitutional.
The review of Articles 134 and 136 was requested by lawyer and hardline Muslim activist Eggi Sudjana, who is currently on trial for allegedly defaming President Susilo Bambang Yudhoyono.
Eggi demanded the court nullify the articles, arguing they contradicted Articles 27 and 28 of the 1945 Constitution, which guarantee freedom of speech and information.
"The articles on the defamation of the President have violated my constitutional rights as a citizen," Eggi told a panel of judges at the Constitutional Court.
He said the two articles hindered him from expressing his opinions freely as a political activist: "I can't be critical of the government."
Eggi was charged with reporting entrepreneur Hary Tanoesudibjo to the Corruption Eradication Commission (KPK) in January without offering any evidence. He told KPK chief Taufiqurrahman Ruki that Hary had given four expensive cars to four of the President's closest allies, including his son.
Eggi alleged that the defamation articles protected only the interests of the those in power. "Nobody was arrested and tried for defaming former presidents Abdurrahman Wahid and Habibie. Why is it happening now during the era of the SBY administration?" he asked.
Eggi suggested, however, that a special law be passed against defaming the President. "It should not be incorporated in the Criminal Code because it could be used as a 'rubber article'," he argued.
He added that the defamation articles were adopted when Indonesia was a Dutch colony, to protect the Dutch queens and governors-general. He argued they were no longer relevant in the current democratic era. "Even the Dutch have scrapped such articles," he said.
Eggi also asked the Constitutional Court to temporarily halt his defamation trial at the Central Jakarta District Court.
Eggi's lawyer, Firman Wijaya, argued that the articles on defamation were counterproductive to the antigraft campaign by the KPK. The KPK law encourages people to report graft allegations to the commission.
Muladi, who heads the team assigned to draft the Criminal Code revision, said the passages on defaming the President will be retained. "Every country has that kind of regulation," he said, adding that the draft was finished and would be submitted to the House soon.
Human rights activists and journalists have expressed concerns over the articles' inclusion, saying they would pave the way for the government to jail opponents and journalists.