Law on Defamation on Social Media in Indonesia

Saturday, 23 November 2013 , 00:02:02 WIB - Legal Advice

Defamation on Social Media (Illustration-news.sky.com)

Hello Gres.news,
Well, I’d like to ask about the internet. The Prita case become a trending topic these days, and there are also other defamation cases on the internet. What is the law on defamation mean to us (in Indonesia)? Thank you for the explanations.

AW in Surabaya

Answer:
A defamation on social media is regulated in Law on Electronic Information and Transaction (UU ITE) and The Criminal Code (KUHP). One who got a defamation on them and humiliated with an accusing pointed to them to be known by public, may report the issue to law enforcers according to a legal basis on Article 27 paragraph (3) Law on Electronic Information and Transaction (UU ITE) Jo. And Article 310 paragraph (3) of The Criminal Code (KUHP).

Article 27 paragraph (3) Law on Electronic Information and Transaction (UU ITE) regulates anyone who has no rights and by purpose distribute and/or transmit and/or make the electronic information accessible and/or an electronic document of humiliation and/or defamation. In Article 310 paragraph (1) of The Criminal Code mentioned that anyone who humiliates and accuses someone of defamation purposes to known by public, will be punished for defamation to 9 months prison maximum or charged for Rp4.500 maximum.

Punishment stated in Article 27 paragraph (3) are 6 (six) years prison maximum and/or fined Rp1 billions maximum. If the defamation adverse the others the punishment will be 12 years prison maximum and/or fined Rp12 billions maximum.

According to the consideration of The Constitutional Court (MK) on trial court verdict Article 27 paragraph (3) Law on Electronic Information and Transaction (UU ITE), Act No:50/PUU-VI/2008, confirmed that the enforceability and interpretation on Article 27 paragraph (3) Law on Electronic Information and Transaction (UU ITE) cannot be separated from the basic legal norms in Article 310 and Article 311 of The Criminal Code (KUHP). The Constitutional Court (MK) concludes that one’s name and dignity must be protected by the applicable law, by that, Article 27 paragraph (3) wouldn’t violate the values of democracy, human right, and state law principles. Article 27 paragraph (3) is constitutional.

I hope this might answer your questions.

Nur Hariandi Tusni, S.H., M.H.

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