Criminal Sanctions for Defamation through Print Media under the New Indonesian Criminal Code (Law No. 1 of 2023): Legal Framework and Law Enforcement Obstacles at the Bali Regional Police

Abstract

Criminal provisions on defamation are intended to protect a person's honor, self-esteem, and good name. This study examines (1) how criminal sanctions for defamation committed through print media are regulated under Law No. 1 of 2023 on the Criminal Code (the new Criminal Code), and (2) what obstacles hinder the enforcement of these provisions at the Bali Regional Police. The research is normative juridical research supported by empirical data, using a statute approach and a conceptual approach. Primary, secondary, and tertiary legal materials were collected through document study, and field data were obtained through interviews with police officials in Bali. The materials were analyzed descriptively, systematically, and argumentatively using authentic, grammatical, and systematic interpretation.The findings show that defamation through print media is classified as written defamation under Article 433 paragraph (2) of the new Criminal Code, punishable by imprisonment of up to one year and six months or a fine of up to Category III (IDR 50 million). The offence is a complaint-based offence and is not punishable when committed in the public interest or in self-defense. Enforcement at the Bali Regional Police is constrained by the need for specific evidence in complaint-based offences, the subjective interpretation of the elements of the offence, the special procedures applicable to the press under Law No. 40 of 1999 (right of reply, right of correction, and Press Council assessment), the digital re-circulation of printed content, limited technical capacity, and low public legal awareness. Synchronization of the Criminal Code, the Press Law, and the Electronic Information and Transactions Law is therefore needed.