Jakarta, Legal Literacy - The Constitutional Court (MK) has repealed the article on spreading false news that incites riots in Law Number 1 of 1946 concerning Criminal Law Regulations. The reason for this annulment is that the article is considered ambiguous and potentially misused.

The article has the potential to ensnare people who want to provide input or criticism to the authorities. This can endanger freedom of expression because the assessment of criticism and input can be subjective and potentially misused.

Unclear Definition of "Rioting" Threatens Freedom of Expression

Constitutional Justice Enny Nurbaningsih, in the Constitutional Court's decision on March 21, 2024, highlighted the danger of Articles 14 and 15 of Law 1/1946, which define "rioting" vaguely. This ambiguity has the potential to ensnare individuals or communities who criticize government policies, even if the criticism is based on strong facts, evidence, and arguments.

Without a clear definition, criticism of the government can be misinterpreted as "rioting" and result in the silencing of critical voices and the suppression of freedom of expression. This is contrary to the 1945 Constitution which guarantees the public's right to oversee and criticize government policies.

This Constitutional Court decision is an important step in protecting the constitutional rights of the public to express opinions and criticize the government. In the future, a revision of Law 1/1946 is needed to define "rioting" more clearly and prevent the misuse of the article to silence critical voices.