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Indonesian court revokes colonial-era laws against free speech

JAKARTA -- The Indonesian Constitutional Court revoked Tuesday a controversial law used by former authoritarian president Suharto to imprison critics during his three decades in power. Court chairman Jimly Assiddiqie said that two articles of the penal code banning voicing hatred and hostility against the government now no longer have "binding legal power."



"The articles had proportionally hampered the freedom of expression and therefore they ran against the constitution," Assiddiqie said in reading the ruling.

According to the articles, anyone found guilty of publicly voicing hostility or hatred against the government faced a maximum sentence of seven years on jail.

The constitutional court had reviewed the code following a request filed by pro-democratic activist Panji Utomo, who has been sentenced to three-months in prison by the Banda Aceh District Court, accused of spreading hatred and hostility against the government during a protest rally last year.

The controversial law, inherited from Dutch colonial-era criminal code, was frequently used by dictator Suharto to silence critics during his 30 years in power.

Critics said the old law should be abrogated as the country has been independent for nearly 70 years and is now moving toward democracy after decades of authoritarianism.

In December 2006, the same court revoked three other controversial articles banning insults against the president.

A number of pro-democracy activists, mainly university students, were sentenced for insulting President Susilo Bambang Yudhoyono  during a peaceful campus rally protesting the perceived slow pace of reforms and demanding that Suharto be brought to justice.//Deutsche Presse Agentur (DPA)


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