Juridical Analysis of the Application of Article 310 Paragraph (1) of the Criminal Code After Constitutional Court Decision Number 78/PUU-XXI/2023 Regarding the Criminal Act of Defamation

Abstract

Defamation (insult) is an act of attacking a person's honor in the form of their good name. The new regulation regarding defamation can be found in the Constitutional Court Decision Number 78/PUU-XXI/2023. There are also Decision Number 8/Pid.B/2024/PN Wns and Decision Number 315/Pid.B/2024/PN Smn, which both discuss defamation. Using a normative juridical research method and a qualitative case approach, this study aims to understand the Constitutional Court's perspective on the criminal act of defamation in the mentioned Constitutional Court Decision, as well as to examine regulations related to defamation and analyze the application of Article 310 paragraph (1) of the Criminal Code in Decision Number 8/Pid.B/2024/PN Wns and Decision Number 315/Pid.B/2024/PN Smn after the Constitutional Court ruling. The study results show that the Constitutional Court has confirmed that defamation, as regulated in Article 310 paragraph (1) of the Criminal Code, is an act carried out verbally. Regulations related to defamation can be found in the Criminal Code, specifically in Articles 310 to 321, and in Law Number 1 of 2023 (the New Criminal Code) under Articles 433 to 439, as well as in Law Number 1 of 2024 (the Electronic Information and Transactions Law) under Article 27A in conjunction with Article 45 paragraph (4), Article 27B paragraph (2) in conjunction with Article 45 paragraph (10), and Article 45 paragraph (6), which regulate slander. In Decision Number 8/Pid.B/2024/PN Wns, it was found that the ruling did not consider the Constitutional Court’s decision, even though it significantly affects the sentencing of the Defendant. This contrasts with Decision Number 315/Pid.B/2024/PN Smn, which took the Constitutional Court's ruling into account. Nevertheless, the sentencing in both District Court decisions is considered appropriate based on the judges’ analysis and considerations. However, Decision Number 8/Pid.B/2024/PN Wns should still include and consider the Constitutional Court’s ruling to provide clearer legal certainty in imposing penalties on the Defendant.