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All Journal Pancasila and Law Review KANUN: JURNAL ILMU HUKUM
Muhammad Anugerah Perdana
Universitas Islam Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Guaranteeing Freedom of Speech: The Role of the Primus Inter Pares Principle in the Presidential Insult Clause Muhammad Anugerah Perdana; Shafa Ataina Aurellia
Pancasila and Law Review Vol. 6 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/plr.v6i1.4080

Abstract

The ratification of Indonesia’s new Criminal Code (KUHP) on December 6, 2022, has sparked concerns over potential restrictions on human rights, particularly the right to freedom of expression. These concerns arise from the reintroduction of the article on insulting the president, which had been annulled by the Constitutional Court in Decision No. 013-022/PUU-IV/2006. The government contends that the revised provision is now grounded in the primus inter pares principle, which, according to the Minister of Law and Human Rights, seeks to uphold the president’s dignity without compromising public freedom of speech. This study employs a normative juridical methodology with statutory and comparative approaches to analyze how the primus inter pares principle in the presidential insult article can safeguard freedom of expression. The findings suggest that, while the principle is designed to prevent the misuse of presidential protections, its practical application remains unclear and susceptible to misinterpretation. Consequently, further clarification and judicial oversight are necessary to ensure an equitable balance between state dignity and individual rights.
AUTOCRATIC LEGALISM AND THE DECLINE OF CONSTITUTIONAL COURT AUTONOMY IN INDONESIA Muhammad Anugerah Perdana
KANUN:JURNAL ILMU HUKUM Vol. 27 No. 3: December 2025: Law and Justice in the Era of Digital Transformation
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kjih.v27i3.133

Abstract

The consolidation of a dominant parliamentary–executive coalition in Indonesia from 2017 to 2022 illustrates how a populist democratic government can gradually drift toward authoritarianism. This shift has weakened institutional autonomy and contributed to a series of controversial judicial rulings on contested statutes during formal review in the Constitutional Court, including the Job Creation Law, the Constitutional Court Law itself, and the Mineral and Coal Law. This study examines how vulnerable Constitutional Court independence remains in the face of autocratic legalism concerning these laws. Employing a normative juridical method with a casuistic and comparative approach, and drawing on the experiences of Poland and Hungary, the paper evaluates the resilience of Constitutional Court independence under authoritarian legalism and its implications for Indonesia’s evolving constitutional order. This transformation did not occur through overt illegality but through legal deviations that strategically exploit loopholes within the constitutional framework. Autocratic legalism rests on three features: (1) the co-optation of parliamentary power by the ruling coalition, (2) violations of statutory and constitutional norms, and (3) the erosion of judicial independence. The third feature became evident following the enactment of Law No. 7 of 2020 on the Third Amendment to the Constitutional Court Law. The ratification of this legislation represented a calculated attempt by Parliament to constrain the Court, concealed within an extension of judicial tenure. This development poses a significant challenge to democracy and justice in Indonesia in the years to come
Co-Authors Shafa Ataina Aurellia