Legal Literacy - Article 310 of the Criminal Code concerning defamation has been amended by Constitutional Court Decision No. 78/PUU-XXI/2023. This article discusses the differences between the old Article 310 of the Criminal Code and Article 433 of Law 1/2023 concerning the new Criminal Code which will come into effect in 2026.

The wording of Article 310 of the Criminal Code After Constitutional Court Decision No. 78/PUU-XXI/2023

Historically, the crime of defamation was regulated in Article 310 of the old Criminal Code (KUHP) which is still in effect when this article is published. The wording is as follows:

  1. Anyone who intentionally attacks the honor or reputation of a person by accusing them of something, which is clearly intended to be made public, is threatened with defamation with a maximum imprisonment of 9 months or a maximum fine of Rp4.5 million.
  2. If this is done by writing or pictures that are broadcast, displayed or affixed in public, then it is threatened with written defamation with a maximum imprisonment of 1 year and 4 months or a maximum fine of Rp4.5 million.
  3. It does not constitute defamation or written defamation, if the act is clearly carried out in the public interest or because it is necessary to defend oneself.

Article 310 paragraph (1) of the Criminal Code has been amended and declared conditionally unconstitutional by Constitutional Court Decision No. 78/PUU-XXI/2023. This means that the article is still valid, but with a limited meaning so that it does not conflict with the 1945 Constitution.

“Anyone who intentionally attacks the honor or reputation of a person by accusing them of something verbally, which is clearly intended to be made public, is threatened with defamation with a maximum imprisonment of nine months or a maximum fine of four thousand five hundred rupiah”

The following are the elements that must be fulfilled in order for someone to be charged with this article:

  1. anyone;
  2. intentionally;
  3. attacking someone's honor or reputation;
  4. by accusing something;
  5. verbally;
  6. which is intended to be made public.