An online defamation case in Indonesia.

2017/11/11

インドネシアでのオンライン上での名誉毀損の事案

Indonesia faces growing number of defamation lawsuits

The former Ketua Dewan Perwakilian Rakyat (Ketua Dewan Perwakilian Rakyat) speaker, Mr. Setia Nofant, is being watched as a villain by the whole of Indonesia for the alleged embezzlement of Rp 2.3 triliun (2.3 trillion rupiah = 20 billion yen) out of Rp 5.9 trilium of e-KTP (Kartu Tanda Pendududuk Resident Registration Card) electronic budget, but despite the subsequent investigation of personal assets by the Corruption Eradication Commission KPK (Komisi Pemberantasan Korupsi) and bashing on the internet mainly in the media and SNS, no conclusive evidence has been found and no arrests have been made.

In recent years, the word "Pencemaran Nama Baik" has become more and more common in Indonesia, and it has been taken up as a case of defamation not only in public, but also in public media, and in Facebook and Twitter, and in exchanges on WhatsApp and LINE.

Be careful what you say online

However, in Indonesia, which is considered to be a developing country, the degree of penetration of the Internet, especially SNS, into daily life is much higher than in Japan, so the fact that online defamation has become an issue may be an indication that the Internet society has matured to such an extent that it has become a problem.

In a WhatsApp message that this former employee sent to his friends, he dismissed the management with the F-word words such as "dog" and "pig" in an Islamic way.

In the case of defamation, there are civil (Perdata) and criminal (Pidana) cases, and if a criminal action is filed through a lawyer and a Surat Perintah Dimulai Penyidikan (search warrant SPDP) is served by the Polda Metro Jaya (Jakarta Police Department), the former employee will be obliged to appear before the police.

Incidentally, if the accused is found guilty, the criminal penalty is a heavy one, up to six years in prison or a fine of one Milyar.

  • Pidana Penjara dan Denda terkait Pasal Pencemaran Nama Baik dalam UU ITE

Border between a joke and a defamation

For example, if you ask your friends to go to a club on a Saturday night and one of them says, "You don't want to go to the club because you're gay," the message is in the course of the conversation.

  1. whether the statement is based on fact or not⇒not fact
  2. Conformity between the content of the statement and the situation in which the statement was made => A and B are on good relation
  3. How much damage was caused by the statement⇒something to laugh at

However, if this is a secret fact between A and B, and if B suffers severe mental distress because of what he said, it will not be a joke, but a case of defamation at worst.

In Japan, it would be nice if the bully could sue for defamation for insidious bullying on LINE, but in order to sue, it is necessary to prove that the bully was bullied, and it is also necessary to obtain copies of the LINE messages that the bullies were exchanging behind the scenes.

If the case goes to court (Pengadilan), the employee who leaked the copy of the LINE to the management would have to appear as a witness (Saksi) and would be accused of being a traitor by other employees.