The Formulation of Norms for the Penalty for the Ofense of Defamation
BRIEFING PAPER NO. 22010
39
Type of Regulation
Provision Threat of Penalty
WvS Article 142
Defamation of the head of a friendly
State Imprisonment for 5 years
and a ine of RP4500 Article 142 a
Insulting the lag of a friendly State
Imprisonment for 5 years and a ine of RP4500
Article 143 Defamation of the
head of a foreign country
Imprisonment for 5 years and a ine of RP4500
Article 144 Defamation of
the head of a friendly State and a
representative of a foreign country in
a form other than spoken
Imprisonment for 9 months and a ine of
RP4500
Article 154 a Insulting the lag of
Indonesia Imprisonment for 4 years
and a ine of RP3000 Article 207
Insulting the government or a
public agency Imprisonment for 1 year
and 6 months and a ine of RP4500
Article 208 Insulting the
government or a public agency in
a form other than spoken
Imprisonment for 4 months and a ine of
RP4500
Article 310 Insult
Imprisonment for 9 months and a ine of
RP4500; if in a form other than oral, imprisonment
for 1 year and 4 months and a ine of RP4500
Article 311 Defamation
Imprisonment for 4 years Article 315
Slight defamation Imprisonment for 4
months and 2 weeks and a ine of RP4500
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AMICUS CURIAE
Article 316 Insulting a person on
oicial duty Additional weigh of 13
of the original ofense Article 317
Accusation of defamation
Imprisonment for 4 years Article 318
False presupposition Imprisonment for 4 years
Article 320 Defamation of a dead
person Imprisonment for 4
months and 2 weeks and a ine of RP4500
Article 321 Defamation of a dead
person in a form other than verbal
Imprisonment for 1 month and 2 weeks and a
ine of RP4500
Law No 32 Year 2002 on Broadcasting Article 36 section
5 leter a jo Article 57
Defamation Imprisonment for
5 years or a ine of RP10.000.000.000
Law No 10 Year 2008 on General Elections for Members of the DPR, DPD, and DPRD
Article 84 section 1 leter c jo
Article 270 Defamation of a
candidate andor a participant in the
general elections Imprisonment for a
minimum of 6 months and a maximum of 24
months and a minimum
ine of RP6.000.000 and maximum ine of
RP24.000.000
Law No 42 Year 2008 on Elections for President and Vice President Article 41
section1 leter c jo Article 214
Defamation of a candidate andor the
pair of candidates for PresidentVice
President Imprisonment for a
minimum of 6 months and a maximum of 24
months and a ine of a minimum of RP6.000.000
and a maximum of RP24.000.000
Law No 32 Year 2004 on Local Government
BRIEFING PAPER NO. 22010
41 Article 78 leter b
jo A 116 Defamation of a
candidate for regional head or vice regional
head Imprisonment for a
minimum of 3 months and a maximum
of 1 year 6 months,
and a minimum ine of RP600.000 and a
maximum ine of RP6.000.000
Law No 11 Year 2008 on Electronic Information and Transactions Article 27 section
3 jo Article 36 jo Article 45 section
1 Insult andor
defamation Imprisonment for 6
years and a ine of RP1.000.000.000.