Article 351 of the Criminal Code – Indonesia is a country that has rules. Where the rules are divided into two, namely written and unwritten rules. However, the explanation this time will be more towards written regulations regarding Article 315 of the Criminal Code.
Where maybe you have also heard related to the law of defamation. The law governing defamation has been explained in Article 315 of the Criminal Code.
It is undeniable that people’s ignorance of the law on defamation causes several parties to sometimes be involved in cases related to this matter. In fact, maybe you are also familiar with several cases that have been reported in various media related to defamation of a person or certain parties.
Therefore, it is very important for you to know the defamation law contained in Article 315 of the Criminal Code. You don’t need to be confused anymore if you don’t know about Article 315 of the Criminal Code. Because, in this article, we will explain more deeply about Article 315 of the Criminal Code.
Article 315 of the Criminal Code
Article 315 in the Criminal Code or Criminal Code regulates minor insults. Where Article 315 of the Criminal Code can be used to provide criminal sanctions to the perpetrators who have committed minor insults.
The Criminal Code or Criminal Code is a legal product left behind by the Dutch colonialists. Initially it did not use the name of the Criminal Code but used the name Wetboek van Strafrecht Voor Nederlandsch Indië ( WvSNI ).
Where the initial WVSNI regulation was formed on October 15, 1915. Even so, it was enforced for the first time on January 1, 1918. After Indonesia entered its independence period, the Bangka founders formulated a criminal law on the basis of WVSNI.
Which on February 26, 1946 these regulations changed into the Criminal Code or Criminal Code through Law No. 1 of 1946. The existence of the Criminal Code is used to try criminal cases that protect the public interest.
According to a legal expert, Soedarto, the Criminal Code contains two issues of interest, namely to draw a picture of an act that is punishable by crime and to stipulate and make an announcement related to the consequences that will be received by the convict.
Meanwhile, according to a legal expert named Moeljatno, who gave a statement that the Criminal Code is part of the overall law that is applied to a country that has the basis and rules for:
- Determine which actions may not be carried out, which are prohibited along with threats or sanctions in certain criminal forms for anyone who violates them.
- Determine when and in what cases those who violate the prohibition can be imposed or sentenced as threatened.
- Determine in what way the imposition of the penalty can be implemented if someone violates it.
Article 315 of the Criminal Code reads and the penalties imposed
Article 315 of the Criminal Code has four points of description in it. Where the four points of description in Article 315 of the Criminal Code regulate minor insults and the punishments given to the perpetrators.
From Article 315 of the Criminal Code, it is explained that if someone commits a minor crime, they will be subject to a maximum prison sentence of 4 months and 2 weeks or a fine of IDR 4,500. Meanwhile, the contents of Article 315 of the Criminal Code in Book II of the Criminal Code Chapter XVI related to insults, as quoted on the official website of the Sukoharjo District Prosecutor’s Office, are as follows.
- Any intentional insult that is not libelous or written defamatory which is committed against a person, either in public by word of mouth or in writing, or before the person himself by word of mouth or deed, or by letter sent or received to him, is punishable by insult light with a maximum imprisonment of four months and two weeks or a maximum fine of four thousand five hundred rupiahs.
- As written on the Judicial Commission Characterization page, Article 315 of the Criminal Code is different from 310 of the Criminal Code regarding defamation. In Article 310 of the Criminal Code, the perpetrator must attack the honor or good name of a person by accusing something so that it becomes known to the public.
- It is this element of the word ‘accusation’ that can distinguish between criminal acts of defamation and minor insults. Meanwhile, Article 315 of the Criminal Code actually states that the mention of minor insults is marked by the existence of an insulting act that is not defamatory or written defamation.
How to Report Defamation Actions That Occur on Social Media
It is undeniable that anyone can possibly be exposed to acts of defamation. Of course, everyone does not want to get defamed. However, sometimes something we are not aware of makes defamation happen.
For those of you who are victims of defamation, you must also know how to report defamation perpetrators. This needs to be done so that the perpetrators of defamation can get the appropriate punishment and get a deterrent effect.
It should also be noted that if the criminal act of defamation is carried out intentionally to attack someone by using a way of stating something either in writing or verbally it will make the victim suffer losses.
Especially now that the digital era has begun, where there have been many examples of cases of defamation reporting, especially those that occur in digital and electronic media. Social media is not only present with a positive impact. However, social media also sometimes has a negative impact on human life.
One of them is the occurrence of defamation that occurs on social media. Recently, many cases of defamation have occurred on social media. For this reason, you also need to know how to report defamation whether it occurs on social media or in person.
If you are a victim of defamation, then there are several ways to report acts of defamation to the realm of law, such as the police. Some of the ways that can be followed are as follows.
1. Gather Evidence and Witnesses
In order to strengthen a defamation report, you as a reporter must also include a number of items that can be used as evidence. For example, such as photos, screenshots and videos when the defamation incident occurred.
Apart from that, you can also collect witnesses who participated in witnessing defamation on social media. This is done so that you can further emphasize the occurrence of defamation on yourself as a reporter. In addition, this will also make it easier for investigators to carry out further investigative processes.
Apart from social media, this also applies as a way to report acts of defamation on WhatsApp or WA. Because not infrequently, acts of defamation also often occur in WA messages. In fact, currently the article on insulting via WhatsApp has also been regulated in the law and needs to be considered.
2. Prepare yourself more maturely
Before reporting a case of defamation, you as a reporter must also prepare well. Prepare all necessary materials such as content and context to be submitted to the police.
You as the reporter can also try to explain the chronology of events. Starting from what actually happened, how the incident took place, when and why the incident occurred to who was the perpetrator who committed the act of defaming your character.
3. Prepare Legal Counsel
When making a report to the police regarding a defamation case, it is best to be accompanied by someone who understands the law. If it’s possible, you can try to ask for help from legal counsel in the process of making a report because they understand the law better and can be more organized and focused in every process needed.
4. Report to the Police
After all the materials needed have been prepared, then you can start reporting cases of defamation to the police. First visit the nearest police station. If you have, proceed to the Integrated Police Service Center or SPKT section which deals with police services.
Complaint reports can be made in two ways, namely written and oral. If it is in written form, then you must sign the existing report letter. However, if it is verbal, it must be recorded by the investigator which will then be submitted to the complainant to be signed.
After receiving the report, the investigator or investigator must submit a reporting statement to the party concerned, namely the reporter. In the end, later reports or police reports related to defamation will be investigated after the police report and investigation warrant are issued.
However, you also need to know that a defamation report can only be valid for six months since the reporting party knows about it. So, a report can be considered expired if it has passed the time limit or after passing the six-month period after the report was made.
Apart from that, you can also find some examples of defamation reports. This is very useful so that you can get additional references from the report you want to make. For information, if there is no fee to report to the police in cases of defamation, there is no collection of fees from the police related to this matter.
Punishment for Defamation Actors
Prohibitions related to criminal acts of defamation have been regulated in Article 27 and Article 28 of the ITE Law on defamation No. 11 of 2008. Where all kinds of information that basically will be published first must have permission from the person concerned. This is done so that the parties concerned do not feel aggrieved for the actions committed, so that in the end they can be held accountable.
If in the future there is a case related to defamation and the relevant party carries out the reporting process, it is possible that the perpetrator will be subject to a defamation penalty as stipulated in several articles of law such as articles 310, 211 and also article 315 of the Criminal Code.
1. Punishment for Defamation Referring to Article 310 Paragraph 1 of the Criminal Code
Perpetrators who violate this article will be threatened with pollution by imprisonment for the longest period of nine months or a maximum fine of Rp. 450,000.
2. Defamation Punishment Referring to Article 315 of the Criminal Code
Perpetrators who deliberately violate this article will be punished with mild contempt which can be punished in the form of imprisonment for four months and two weeks and a fine of IDR 4,500
3. Defamation Punishment Referring to Article 27 Paragraph 3 of the ITE Law
Perpetrators who deliberately commit acts of defamation will be subject to criminal sanctions with a maximum imprisonment of 6 years or a maximum fine of 1 billion rupiah.
Details of Defamation Fines
A number of articles of the Criminal Code can indeed be used as reference material relating to defamation law. For the ITE Law, Article 27 paragraph 3, with the easiest explanation, contains the use or defamation that is done intentionally by accessing electronic information, will be subject to a prison sentence of 4 years and a defamation fine of 750 million rupiah.
Then, there is also article 45 paragraph 5 where there will be a prison sentence of 4 years which is also included with a fine of 750 million rupiah. There is another if defamation and harm others as regulated in article 36. Where later the defendant can be charged with imprisonment for 12 years with a defamation fine of 12 billion rupiah.
With this explanation, acts of defamation can have a negative impact on victims so that defamation fines for the aggrieved party are also of great value.
Target of Criminal Defamation
Indonesian society is a group of people who have character and uphold eastern cultural customs. Where cases of defamation are also a type of crime that can violate the norms of decency and religion.
As you already know, defamation is closely related to an insult that can defame another person’s reputation or honor. Usually there are several targets of defamation are as follows.
- A certain class or groups.
- Certain religious groups.
- For someone who has died.
- For officials working in the government sphere. For example, such as the head of state with his deputy, a civil servant or an official who is a representative of a foreign country.
The Impact Of The Existence Of Defamation
It is undeniable that acts of defamation are currently quite common, especially in the sphere of social media. Therefore the existence of defamation will also have adverse consequences and impacts on oneself and others.
As for some of the impact of losses from defamation both in terms of material and non-material are as follows.
- Can have an impact on one’s popularity and career to be destroyed.
- Turning off a person’s freedom of expression.
- Provide obstacles to one’s performance.
- It can have an impact on damaging the image of a particular institution or person.
Now that’s an explanation related to defamation. Starting from the article that provides an explanation of this matter to the impact resulting from the existence of a defamation case, it has been described in detail.
Hopefully all the discussion above can add to your insight, Sinaumed’s. If you want to find books on Law, then you can get them at sinaumedia.com .
Author: Hendrik Nuryanto
Source:
https://blog.justika.com/pidana-dan-report-polisi/cara-melaporkan-pencemaran-nama-baik/
https://tirto.id/isi-pasal-315-kuhp-about-penghinaan-ringan-dindingannya-gwGY
https://kejari-sukoharjo.go.id/file/087938fe4b830aeb386f318f3b605198.pdf