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

16 Feb 2026 16 February 2026 06:31 WIB 10 min read reading time: 10 minutes 44 read

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. (Source: AI Gemini, Redaksi Literasi Hukum Indonesia)

Question

I have a rather disturbing problem. In a WhatsApp group (with quite a few members), someone accused me of doing something I never did—for example, accusing me of "taking cash", "cheating customers", or "having an affair". The accusations were written clearly, using my name, and some people immediately believed them.

After that, the story in the group started to spread. Someone took a screenshot of the chat and sent it to another group. There was even a mention on Instagram Story, so people outside the group also found out and I became embarrassed, stressed, and worried that my reputation would be damaged.

What I want to ask:

If I am defamed like this, what articles of the New Criminal Code can be applied, and what is the threat of punishment?
What is the difference between "defamation" and "slander"?
If the perpetrator argues that they are "just sharing information" or "just venting", can they still be held accountable?
Does a case like this require a report from me first (complaint offense), and is there a time limit?

Brief Answer

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In the New Criminal Code, accusations that attack the honor/reputation of another person and are disseminated to the public can be classified as defamation (Article 433). If carried out through writings/images that are broadcast/displayed/affixed in public places—which in practice is often relevant to the context of postings/screenshots—it can be classified as written defamation (Article 433 paragraph (2)).

If the accusing party is given the opportunity to prove the accusation but cannot prove it, while the accusation contradicts what they know, it can be elevated to slander (Article 434). Meanwhile, if only insults/profanities are uttered without “accusing of something” (for example, harsh words that do not contain accusations of specific acts), it is usually closer to minor insult (Article 436).

What is often overlooked: criminal acts in this cluster generally cannot be processed without a victim's report (Article 440). The New Criminal Code also opens up the possibility of aggravation: if carried out using information technology, the threat of punishment can be increased by 1/3 (Article 441). Thus, the context of “WA/Instagram/TikTok” is not just a backdrop to the story—it can impact the severity of the threat of punishment.

Full Review

Thanks for your question. Read the full analysis below.

Table of Contents

8 sections

Defamation in the New Criminal Code: The Most Commonly Misunderstood Element
Article 433 of the New Criminal Code: Defamation & Written Defamation—What is the Punishment?
Articles 434–435 of the New Criminal Code: When Does an Accusation Turn into Slander?
Article 436 of the New Criminal Code: Minor Insult (Swearing/Cursing) and the Difference with Defamation
Complaint Offense: Cannot Be Processed If You Do Not Complain (Article 440), This Is the Deadline
If It Happens on Instagram/TikTok/WhatsApp Group: The Threat Can Be Increased by 1/3 (Article 441)
Practical Steps for Victims: Evidence, Complaints, and Safe Conduct on Social Media
Relevant Legal Basis of the New Criminal Code

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. For example, "he is corrupt", "he embezzled money", "he is a fraud", "he is cheating". In normative studies, the elements of "accusing of something" and "for it to be known to the public" are important differentiators from mere personal conflict.

Then, what about "known to the public" in the digital age? The New Criminal Code has a definition of "In Public" which is interesting: not only physically present in a public place, but also "indirectly through electronic media" that allows the public to access it. This means that when an accusation is thrown into a space that can be accessed by many people (for example, a public post), the element of publication becomes clearer. For WA groups that are closed, the debate usually shifts to: how wide is the dissemination, who can see it, and is there an intention for the accusation to be known to other parties (third parties), not just the victim.