Youth is one of the milestones of hope, their thoughts and ideas have proven to made a great contribution to the civilization of a nation. The involvement of youth for Indonesian independence has been inscribed in historical records.
There were also recorded in Indonesian history that groups of youth gathered in Jakarta to take an oath known as the “Sumpah Pemuda” on October 27-28, 1928. This Sumpah Pemuda is a national declaration about the unification of the homeland, nation, and one language, namely: Indonesia. Then a few years after the Sumpah Pemuda, resistance to Dutch colonialism in Indonesia through a military movement led by a thin, determined young man named Sudirman, he was appointed General and the first Great Commander of the Indonesian Army when he was 29 years old.
The next big event involving young people was the incident in Rengasdengklok. The Rengasdengklok event occurred on August 16, 1945 as an act of kidnapping Soekarno-Hatta by a group of youths, recorded names such as Soekarni, Wikarna, and Chairul Saleh who were members of the “Menteng 31” group.
Brought the two proclamators to Rengasdengklok in West Java to urge them to immediately declare Indonesian independence, as a result the next day Soekarno and Hatta read the proclamation of Indonesian independence on August 17 1945.
The next historic action of Indonesian youth is a symbol of the great role of youth represented by Indonesian students, recorded in a large mass wave in May 1998. At that time students managed to occupy the Parliament Building of the Republic of Indonesia and demanded that the President of the Republic of Indonesia General Suharto to step down from his throne, so Suharto resigned on May 21, 1998. The demonstration movement resulted in reforms and led the country to carry out a complete renewal of democracy.
Is the power of young people really that impactful?
From a historical perspective, as previously explained, it is clear that young Indonesian people can have an impact on change in this country. Youth is indeed full of aspirations, energy and creativity. Even international figure, Nelson Mandela, said “today’s youth are the leaders of tomorrow”. We found a journal that discusses the diverse impact of youth-led political activism on policy change, and here are the incredible impacts that young people can have
Harnessing digital tools for advocacy
In the digital age, youth-led political activism has been amplified by social media platforms, enabling swift mobilization, information dissemination, and global solidarity. Leading to heightened awareness and policy scrutiny on issues ranging from climate change to racial justice.
Grassroots mobilization and civic engagement
Youth-led political activism fosters grassroots mobilization and civic engagement, empowering young people to become agents of change in their communities. Through voter registration drives, protests, and community organizing efforts, youth activists cultivate a culture of participation and accountability, revitalizing democratic processes.
Intergenerational dialogue and collaboration
Effective youth-led political activism necessitates intergenerational dialogue and collaboration to bridge divides and leverage diverse perspectives. By forging alliances with established civil society organizations and political leaders, young activists can amplify their voices and navigate institutional channels for policy influence.
Global solidarity and transnational advocacy
Youth-led political activism transcends national borders, encouraging global solidarity and transnational advocacy networks. Initiatives like the Youth Climate Strikes and Global Youth Parliament facilitate cross-cultural exchange and collective action, amplifying youth voices on the world stage and exerting pressure on supranational institutions.
Are the laws implemented by the Indonesian government adequate?
Young people have high aspirations and movements for activism, which need to be voiced. To respond to this issue, of course, the aspirations of young people who they want to voice must be facilitated by the government. However, since the enactment of Law Number 1 of 2023 concerning the Criminal Code (“New Criminal Code”), even a few years before that, there has been a debate about the consequences if the New Criminal Code is passed.
In terms of this paper there are two polemics that will be discussed, namely:
- First, whether demonstrations in the New Criminal Code will be an act of criminal?
- Second, whether criticism of policies to the President is a criminal offense?
first, whether demonstrations in the New Criminal Code will be an act of criminal?
the regulation in Article 256 of the New Criminal Code is based on the realization of public order. Demonstrations held by students do not interfere with public interest, often disorderly demonstrations lead to troubles and violence that cause damage to public facilities and even lead to loss of life, whether it was the demonstrator itself or other communities affected by the riots of the demonstration.
Demonstration is a constitutional right of every citizen, this is expressly stated in Article 28E paragraph (3) of the 1945 Constitution (“Constitution 45”) which mandates: “Everyone has the right to freedom of association, assembly, and expression”.
Furthermore, it is regulated in Law Number 9 of 1998 concerning Freedom to Express Opinions in Public (“Law 9/1998”), in the consideration section of Law 9/1998 letter (b) states “that the freedom of every citizen to express opinions in public is a manifestation of democracy in the order of life in society, nation, and state”.
In letter (c) states “that to build a democratic state that administers social justice and guarantees human rights it is necessary to have an atmosphere of security, order, and peace”.
The freedom to express opinions in public has also been regulated in Article 1 paragraph (1) of Law 9/1998 which stipulates “Freedom to express opinions is the right of every citizen to express thoughts orally, in writing, and so on freely and responsibly in accordance with the provisions of applicable laws and regulations”.
Freedom of expression on ideas, thoughts, opinions, and criticisms has been mandated by law, but such freedom must coincide with responsibility, therefore it does not disturb public order and without committing violence against people and public facilities.
The concern for multiple interpretations of the phrase “disruption of public order” has been defined in the Explanatory section of the New Criminal Code, namely “the malfunction or inaccessibility of public services due to damage arising from marches, rallies, or demonstrations.”
In this regard, lawmakers emphasize that every action should not commit anarchist acts and disorder that cause damage so that public services cannot function.
second, whether criticism of policies to the President is a criminal offense?
the debate arose in terms of when criticizing the President can be criminalized, a strong protest arose because the Constitutional Court in decision number: 013-022 / PUU-IV / 2006 has deprived the article of insulting the President and Vice President in the Criminal Code.
But in the New Criminal Code it is still included as a criminal offense of Attacking the Honor or Dignity and Dignity of the President and / or Vice President regulated in Article 218 of the new Criminal Code states:
Any person who publicly attacks the honor or dignity and dignity of the President and/or Vice President shall be punished with a maximum imprisonment of 3 (three) years or a maximum fine of category IV.
It shall not constitute an attack on honor or dignity as referred to in paragraph (1), if the act is done for public interest or self-defense.
This polemic caused pros and cons in the community, resistance to the inclusion of the clause “insult to the President and Vice President” became a criminal offense in the New Criminal Code because of the spirit of decolonization and democratization as the key to reforming the Criminal Code as mentioned above.
The law for insulting the head of state is known as lèse-majestè or laesa maiestas, according to Theodor Mommsen in A History of Rome Under the Emperors The law dates back to the Roman Empire and applied mostly to countries that adhered to monarchical leadership, hence lèse-majeste If it is included as a criminal act.
It is not in line with the spirit of decolonization because of subjugation such as imperialism, and also the enactment of monarchical law in a democratic country, so it is not in line with the spirit of democratization
Furthermore, the restriction so that the criminal act of insulting the President does not become a criminalization, then Article 220 of the New Criminal Code stipulates that insult is a complaint offense that can be made in writing by the President and/or Vice President.
There is protection provided by Article 218 paragraph (2) of the Criminal Code, namely the existence of an excuse for someone who commits a criminal act of insult to the President if it is done in the public interest or self-defense.
The intent of “done in the public interest” is to protect the interests of the public expressed through the right to expression and the right to democracy, for example through protests, criticism, or giving opinions that differ from the policies of the President and/or Vice President.
In a democratic country, criticism becomes important as part of freedom of expression which should be constructive, although it contains dissent of the actions or policies of the head of state.
Basically criticism in Article 218 of the New Criminal Code is interpreted as a form of supervision, correction, and advice on matters related to the interests of the community.