Materials Criminal Law

Slandered in a WA Group or Social Media? Here are the Articles on Defamation in the New Criminal Code & the Penalties

Was your name defamed in a WhatsApp/Instagram group? See Articles 433–436 of the New Criminal Code, the difference between defamation vs slander, complaint offenses (Article 440), and 1/3 aggravation via information technology (Article 441).

Ilustrasi penjelasan pasal pencemaran nama baik dalam KUHP Baru, termasuk perbedaan fitnah dan delik aduan.
Ilustrasi penjelasan pasal pencemaran nama baik dalam KUHP Baru, termasuk perbedaan fitnah dan delik aduan. (Source: AI Gemini, Redaksi Literasi Hukum Indonesia)

Legal Literacy - Let's discuss this slowly, because "defamation" is often used as an umbrella term, even though in the New Criminal Code there are several articles with different characteristics and different evidentiary requirements.

In practice, the most common mistakes are twofold: first, people assume that all bad talk is automatically defamation. Second, people assume that if it happens in a WA group, it is "not within the realm of law" because it is considered private—even though the element of "known to the public/in public" in the New Criminal Code has a more modern interpretation.

So that you do not misinterpret the article, we will start with the concept first, then move on to the articles and the threat of criminal sanctions specifically.

Defamation in the New Criminal Code: The Most Commonly Misunderstood Element

In simple terms, defamation is not just "people saying bad things about us". The element (the way it is read) usually rests on: there is intent, there is an attack on honor/reputation, then there is "accusing of something", and there is an intention for it to be known to the public. So, what the Criminal Code highlights is not only hurt feelings, but also the form of the accusation and its dissemination.

At this point, academic opinion that is often used to educate the public: defamation usually contains accusations of certain acts—not just insults.…

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