By Michael S. Carl, Andini Dewi and Bambang Dhanisworo
Defamation under Indonesian law involves the issuance of a defamatory statement that causes a person to suffer harm. The term defamation is often used to encompass both slander (penistaan) and libel (penistaan dengan surat). Defamation is governed in the Indonesian Criminal Code under Chapter XVI, which covers six types of defamation.
Defamation under the Indonesian Criminal Code1. Slander or defamation (Article 310 (1) of the Criminal Code).
2. Libel or defamation in writing (Article 310 (2) of the Criminal Code).
The elements that need to be fulfilled under Article 310 (1) and (2) are:
the defamation is made intentionally to harm a person's honor or reputation
the defamation is addressed to an individual, not a government institution, official or association, community, etc.
the defamation needs to contain an accusation about a specific matter (e.g., deception, embezzlement, etc.), as long as it disgraces the related person and
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