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Indonesian students go to court over criticism law

Catholic Student Association joins slew of organizations demanding judges shoot down legislation outlawing criticising MPs
Indonesian students go to court over criticism law

Representatives of the Indonesian Catholic Student Association have petitioned the Constitutional Court for a review of a law criminalizing criticism of lawmakers. (Photo supplied)

Published: March 22, 2018 10:09 AM GMT
Updated: May 04, 2021 12:17 PM GMT

The Indonesian Catholic Student Association has followed rights groups in filing for a judicial review of a newly introduced law criminalizing criticism of parliament and its members.

The association filed the petition with the Constitutional Court on March 21.

They questioned a provision in the law — which came into effect on March 15 — that says parliament's ethics council can take legal action against those who "disrespect the dignity" of lawmakers and parliament as an institution.

Bernadus Barat Daya, a lawyer representing the students, said the law could see people imprisoned for exercising their right to hold lawmakers accountable.

"The phrase 'disrespect the dignity' can be applied arbitrarily according to subjective interpretations or based on their [lawmakers'] political interests," he said.

He called the law a "tongue-cutting tool" which can also be used to criminalize the press.

"Freedom of opinion and freedom of the press represent people's sovereignty," he said.

Kosmas Mus Guntur, a student at Borobudur University in Jakarta said the law means "lawmakers' immunity rights exceed the limits of fairness."

He pointed to one article that says investigators must get permission from either the parliament's president or ethics counsel to question lawmakers about criminal cases, except corruption investigations. 

"They fortify themselves, regard themselves as special people, while controlling other people's rights," he said.

A number of organizations, including rights groups, the Forum of Law and Constitutional Studies and the Indonesian Solidarity Party have also filed for a judicial review of the law.

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