When a post attacks someone's reputation, the first thing usually sought is the relevant article. For years, the circulating answer has been Article 27A of the ITE Law. Since January 2, 2026, that reference is no longer accurate, and many guides on the internet have yet to adjust.
The Article Has Changed
Article II of Law Number 1 of 2024, the second amendment to the ITE Law, states that Article 27A along with its criminal provisions in Article 45 paragraphs (4) to (7) remain in effect until the enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP). This new Criminal Code takes effect on January 2, 2026. This means that defamation on social media is now assessed under the defamation articles in the Criminal Code, no longer under the ITE Law.
The Current Penalties
The criminal threats are tiered, and the severity depends on the nature of the act:
- Verbal defamation, Article 433 paragraph (1): imprisonment for a maximum of 9 months or a fine of up to category II, which is Rp10 million.
- Written defamation, including writings or images that are published, Article 433 paragraph (2): imprisonment for a maximum of 1 year and 6 months or a fine of up to category III, which is Rp50 million.
- Committed using information technology, Article 441 paragraph (1): the threat can be increased by one third. Posts on social media fall into this category, raising the maximum to 2 years.
- If the victim is an official performing their lawful duties, Article 441 paragraph (2): the threat can also be increased by one third.
- Defamation, Article 434 paragraph (1): if the uploader is given the opportunity to prove their allegations, fails to do so, and the allegations contradict what they know, the penalty increases to imprisonment for a maximum of 3 years or a fine of category IV, which is Rp200 million.
The value of each fine category is found in Article 79 of the Criminal Code, not in the defamation articles, so the figures need to be traced to both places.
Who Has the Right to Report
Article 440 of the Criminal Code closes the door for reporters other than the victim: defamation and slander cannot be prosecuted without a complaint from the victim. Reports from third parties, even if they are witnesses or close friends, cannot proceed on their own.
Exceptions are limited. Victims under 16 years old are represented by their parents or guardians (Article 25), victims under guardianship are represented by their guardians (Article 26), and deceased victims are represented by their families according to Article 27.
Companies, institutions, or professions do not fall under this article because the Explanation of Article 433 emphasizes that the object is an individual. The same direction is affirmed by the Constitutional Court through Decision Number 105/PUU-XXII/2024, and on August 28, 2026, the Court annulled Articles 240 and 241 of the Criminal Code concerning insults against the government and state institutions through Decision Number 282/PUU-XXIII/2025.
Deadlines That Are Often Missed
Complaints have a time limit, and the counting starts from the date the victim becomes aware of the crime, not from the date the post was made. Article 29 of the Criminal Code provides a period of 6 months if the complainant resides in Indonesia, and 9 months if they reside outside Indonesia. If there are multiple complainants, the period is calculated from the date each becomes aware.
Article 30 adds one more thing: complaints can be withdrawn within 3 months after being submitted, and those that have been withdrawn cannot be submitted again.
The Exemption Clause
Article 433 paragraph (3) states that the act is not punishable if done for the public interest or out of necessity for self-defense. These two reasons are usually points of debate in cases of criticism, product reviews, and citizen reports.
Practically, the notes above result in concrete actions: save screenshots along with links and dates, then count back 6 months from the day you became aware of the post. It should also be noted that the Criminal Code has been adjusted through Law Number 1 of 2026 concerning Criminal Adjustments, so the latest text still needs to be checked before proceeding.
This topic is also discussed in the class on Legal Pitfalls for Content Creators. If you prefer to see the explanation directly, there is a clip on this video page.
Sources
- Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning ITE, specifically Article 27A, Article 45, and Article II. Official text: peraturan.go.id
- Law Number 1 of 2023 concerning the Criminal Code, Article 29, Article 30, Article 79, Article 433, Article 434, Article 440, and Article 441
- Constitutional Court of the Republic of Indonesia, Decision Number 105/PUU-XXII/2024 concerning the testing of Article 27A jo. Article 45 paragraph (4) of the ITE Law, read on April 29, 2025: mkri.id
- Hukumonline, "MK Annuls Articles on Insulting the Government and State Institutions in the National Criminal Code", August 28, 2026
- Dandapala, media of the General Judiciary Body of the Supreme Court of the Republic of Indonesia, "Just Enacted, Here Are the Newly Adjusted Articles of the Criminal Code", January 6, 2026