The wording of Article 433 of Law 1/2023 and its Explanation

Article 433 of Law 1/2023 concerning the new Criminal Code which will come into effect in 2026 regulates the crime of defamation. Here is the complete wording:

  1. Anyone who verbally attacks the honor or reputation of another person by accusing them of something, with the intention that the matter be made public, shall be punished for defamation, with a maximum imprisonment of 9 months or a maximum fine of category II, namely Rp10 million.
  2. If the act as referred to in paragraph (1) is carried out by means of writing or images that are broadcast, displayed, or affixed in public places, the person shall be punished for written defamation, with a maximum imprisonment of 1 year and 6 months or a maximum fine of category III, namely Rp50 million.
  3. The actions as referred to in paragraphs (1) and (2) are not punishable if carried out in the public interest or in self-defense.

The explanation of Article 433 paragraph (1) of Law 1/2023 explains the nature and object of the crime of defamation. Here are the important points:

Nature of Defamation:

  • Insulting act: Carried out by accusing, either verbally, in writing, or in pictures.
  • Attacking honor and reputation: Causes harm to the accused.
  • The accusation does not have to be a crime: It can be another detrimental act.

Object of Defamation:

  • Individuals: Defamation only applies to individuals.
  • Excluding government institutions or groups of people: Defamation of institutions or groups is not regulated in this article.