The Constitutional Court Deletes Articles on Defamation and False News

MK Remove Article on Defamation of Good Name and False News

Dream - The Constitutional Court (MK) granted some of the lawsuits filed by Haris Azhar, Fatia Maulidyanti, and their friends regarding several articles concerning defamation and false news. MK removed Article 14 and Article 15 of Law 1 of 1946 and Article 310 paragraph 1 of the Criminal Code or KUHP. However, MK rejected the lawsuit for Article 27 paragraph (3) and Article 45 paragraph (3) of the ITE Law.

"The arguments of the applicants regarding the unconstitutionality of Article 14 and Article 15 of Law 1/1946, as well as Article 310 paragraph (1) of the Criminal Code, are legally justified in part," said Chairman of the Constitutional Court Suhartoyo when reading the verdict at the Constitutional Court building on Thursday, March 21, 2024. In their petitum, the applicants requested the Constitutional Court to declare that Article 14 and Article 15 of Law Number 1 of 1946 in conjunction with Law Number 4 of 1976 are contrary to the provisions of the 1945 Constitution, and to declare that Article 14 and Article 15 of Law Number 1 of 1946 in conjunction with Law Number 4 of 1976 do not have binding legal force."

The Constitutional Court Deletes Articles on Defamation and False News

Applicants also requested the Constitutional Court to declare that Article 310 paragraph (1) of the Criminal Code has no legally binding force and to declare that Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of the Information and Electronic Transactions Law has no legally binding force.

"In its consideration, the Constitutional Court (MK) stated that the petitioner's request regarding Article 27 paragraph 3 of the ITE Law has lost its object because there has been a revision of the ITE Law conducted by the DPR. However, MK granted some other claims. The MK judges assessed that Article 14 and Article 15 of Law 1/1946 and Article 310 paragraph (1) of the Criminal Code do not provide recognition, guarantees, protection, and fair legal certainty. Here is the decision of the Constitutional Court:"

Granting the request of the Applicants in part; Declaring that the request of the Applicants regarding Article 27 paragraph (3) and Article 45 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions (State Gazette of the Republic of Indonesia Year 2016 Number 251, Additional State Gazette of the Republic of Indonesia Number 5952) cannot be accepted; Declaring that Article 14 and Article 15 of Law Number 1 of 1946 concerning Criminal Law Regulations (State Gazette of the Republic of Indonesia II Number 9) are contrary to the Constitution of the Republic of Indonesia Year 1945 and have no binding legal force.

States Article 310 paragraph (1) of the Criminal Code, which states, "Whoever intentionally attacks the honor or good name of someone by accusing them of something, with the clear intention of making it known to the public, shall be punished with imprisonment for a maximum of nine months or a fine of up to four thousand five hundred Indonesian Rupiah."

Contrary to the Constitution of the Republic of Indonesia in 1945 and does not have legal binding power as long as it is not interpreted, "Whoever intentionally attacks the honor or good name of someone by accusing something verbally, with the clear intention that it be known to the public, is threatened with imprisonment for a maximum of nine months or a fine of up to four thousand five hundred rupiahs." Rejecting the petitioners' request for anything else and beyond.

Article 14 of Law 1/146 states:

"(1) Whoever, by broadcasting false news or announcements, intentionally causes unrest among the people, shall be punished with a maximum prison sentence of ten years."

"(2) Whoever disseminates news or issues a notification that can incite unrest among the people, while they should reasonably suspect that the news or notification is false, shall be punished with imprisonment for a maximum of three years. Article 15 of Law 1/1946 states: Whoever disseminates uncertain news or excessive news or incomplete news, while they understand at least reasonably suspect that such news will or can easily incite unrest among the people, shall be punished with imprisonment for a maximum of two years."

Article 310 of the Indonesian Penal Code states: (1) Whoever intentionally attacks the honor or good name of someone by accusing them of something, with the intention of making it known publicly, shall be punished for defamation with a maximum imprisonment of nine months or a maximum fine of four thousand five hundred Indonesian rupiah.

"(2) If it is done with writing or images that are broadcasted, displayed, or posted in public, then it is punishable for written defamation with a maximum prison sentence of one year and four months or a maximum fine of four thousand five hundred Indonesian Rupiah. (3) It is not considered defamation or written defamation if the act is clearly done for the public interest or out of necessity to defend oneself."

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