By Kusnandar & Co., Attorneys At Law – Jakarta, Indonesia
The recent reports of academics being reported to the police for criticizing the government have sparked renewed debate about freedom of expression in Indonesia. In response, Yusril Ihza Mahendra stated that academics are free to express criticism. At first glance, this sounds reassuring. However, the reality is more complicated than it seems.
In principle, criticism from academics is not only normal but necessary. Academics rely on data, research, and critical thinking to evaluate public policies. Their role is to question, analyze, and, when needed, challenge the government’s decisions. Without this kind of input, policies risk becoming one-sided and less effective. In this sense, criticism is not an attack—it is a contribution.
The problem arises when such criticism leads to police reports. While Yusril emphasized that criticism is allowed, he also acknowledged that anyone has the right to file a report. Law enforcement authorities, in turn, are obligated to follow up on these reports, at least at an initial stage. This creates a gray area: criticism is legally protected, yet it can still trigger legal processes.
This situation can discourage people from speaking out. Even if someone is ultimately proven innocent, being involved in a legal process can be stressful, time-consuming, and intimidating. As a result, many may choose to stay silent rather than take the risk. This phenomenon is often referred to as a “chilling effect,” where fear limits open expression.
In a
democratic society, criticism should be seen as a healthy and essential
element. Governments benefit from feedback, especially when it is constructive
and evidence-based. Without criticism, there is a risk that those in power may
become less responsive or even dismissive of public concerns.
That said, freedom of expression does not mean absolute freedom without limits. Criticism should be grounded in facts, delivered responsibly, and should not incite hatred or violence. Clear boundaries are necessary, but they must also be applied fairly and consistently, without being used to silence legitimate voices.
In my view, ethical mechanisms should come before legal ones. If an academic is accused of wrongdoing, the issue should first be examined through institutional or professional channels, such as universities or academic bodies. Legal action, especially criminal prosecution, should be the last resort—not the default response.
Yusril’s statement reflects an attempt to balance two important principles: protecting freedom of expression while respecting the rule of law. However, the real challenge lies in how these principles are implemented. If reports against critics are too easily processed without careful consideration, the promise of freedom may feel hollow.
Ultimately, this issue highlights an important question for Indonesia’s democracy: Is criticism truly accepted as part of a healthy political system, or is it still viewed as a threat? The answer will shape not only the future of academic freedom but also the broader landscape of civil liberties in the country.
A
strong democracy is not one that avoids criticism, but one that can handle it
with openness and maturity.
By : K&Co - April 23, 2026