Senin, 13 Juni 2022

Various Legal Basis of Defamation According to Indonesia Law

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By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "Recognizing Deportation Under Indonesian Law", "How to Obtain Indonesian Citizenship?", you may read also "How to Open a Police Report in Indonesia?" and on this occasion we will discuss about 'Various Legal Basis of Defamation According to Indonesia Law'.

The long trial between Johnny Depp and Amber Heard has finally ended. The jury decided victory over the movie star Pirates of the Caribbean is in the case of defamation. Amber Heard proved to have damaged the reputation of Johnny Depp through his writing entitled 'a public figure who represents domestic violence'. This verdict was read out at the Fairfax Courthouse, Virginia, United States on Wednesday (1/6/2022) local time.[1] Yes, this is the right background, recently this case was spread to foreign countries up to Indonesia.

Legal regulations related to defamation are scattered in several laws in Indonesia, such as in the Criminal Code, the Civil Code and more recently the Electronic Information and Transaction Law. In general, the Criminal Code views defamation as a crime. Meanwhile, according to the Civil Code, defamation is considered an act that is against the law and causes harm to others. In the context of the Electronic Information and Transaction Law, defamation is assumed to be a legal category that arises due to the existence of electronic information media.

Criminal Code

The Criminal Code regulates several articles related to defamation, including:[2]
  1. Article 310 paragraph 1 concerning oral defamation, 
  2. Article 310 paragraph 2 concerning written defamation, 
  3. Article 311 concerning slander, 
  4. Article 315 concerning minor insults, 
  5. Article 317 concerning false/slanderous complaints, 
  6. Article 318 concerning false suspicions, 
  7. Article 320 concerning defamation of persons who is dead, 
  8. Article 321 concerning humiliation or defamation of a dead person in public.

Civil Code

The Civil Code regulates several articles related to defamation, including:[2]
  1. Article 1372 Civil Code, reads as follows: "Civil claims regarding insult are aimed at getting compensation and restoring honor and good name.". 
  2. Article 1373 Civil Code
  3. Article 1374 Civil Code
  4. Article 1375 Civil Code
  5. Article 1376 Civil Code
  6. Article 1377 Civil Code
  7. Article 1378 Civil Code
  8. Article 1379 Civil Code
  9. Article 1380 Civil Code, regarding the period of filing a claim for compensation due to defamation.

Law of Information and Electronic Transaction

A newer law relating to defamation is the Electronic Information and Transactions Act. The law regarding defamation here is often considered a plastic article until then the government and the House of Representative revised it.

Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) has been amended by Law Number 19 of 2016. Article 27 paragraph 3 of the ITE Law reads: "Everyone intentionally and without rights distributes and/or transmits and/or makes electronic information and/or electronic documents accessible with insults and/or defamation content."[3] Just to note, the punishment threat is higher than that stipulated in the Criminal Code. And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Subdistrict, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. "Johnny Depp Menang Lawan Amber Heard di Kasus Pencemaran Nama Baik", www.suara.com., Diakses pada tanggal 11 Juni 2022, https://www.suara.com/entertainment/2022/06/02/080651/johnny-depp-menang-lawan-amber-heard-di-kasus-pencemaran-nama-baik
2. Kitab Undang-undang Hukum Pidana (Criminal Code);
3. Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) Jo. Law Number 19 of 2016

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