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| A Lecturer at the Faculty of Law University of Muhammadiyah Malang (UMM) Kukuh Dwi Kurniawan, S.H., S.Sy., M.H. (Photo : Ghalib PR) |
Defamation and insult cases are often heard in various media. They appear on online media and television stations. How far can a word or action be categorized as defamation?
Regarding this matter, a Lecturer at the Faculty of Law, University of Muhammadiyah Malang (UMM), Kukuh Dwi Kurniawan, S.H., S.Sy., M.H. gave his explanation. He revealed that everyone has the same rights to their honor and reputation. If someone feels that this is disturbed, then he has the right to submit a complaint to the authorities.
"Other people who violate or defame a person's dignity have the right to be criminalized and reported according to the provisions of the law that have been regulated," he explained.
Kukuh, his nickname, said that the provisions of defamation law are fully regulated in the Criminal Code Article 310. It is controlled in Article 27, paragraph 3, when using information and electronic media or what is often referred to as the ITE Law.
A case can be considered as defamation if several conditions are fulfilled. First, It is attacking a person's dignity by accusing something untrue. Second, The accusation is publicly disseminated to a broad audience. Third, The charge causes material and non-material harm.
"The publication of these accusations through electronic media will result in negative consequences. The digital traces are difficult to remove from the internet," said the lecturer, who also works as an advocate.
Kukuh added that defamation is a criminal offense. Thus, only aggrieved people can report it to the law firm. It cannot be represented. "This is because each person has a different level of irritation," he added.
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The penalties given to the defendants are also set out in the regulations. Defamation will be given a maximum punishment of 9 months in prison. Meanwhile, defamation with proven denunciations of a defamatory act will be given a maximum of 3 years in prison. If electronic media is used and spread digitally, the maximum prison penalty is four years.
"In short, when socializing, we must respect each other's rights, including respecting someone's dignity. We must understand the difference between criticizing and insulting or defaming. Criticism is constructive and objective, while insults or defamation are subjective, demeaning, and personally degrading," he concluded. (put/*lib/wil)
