Indonesia Defamation Laws: Civil & Criminal

Defamation in Indonesia is both a civil wrong and a criminal offence. Since 2 January 2026 the new Criminal Code (KUHP, Law No. 1 of 2023) governs general defamation in Articles 433 to 439, while the Electronic Information and Transactions Law (UU ITE) continues to apply to online defamation as a specialised statute.

What counts as defamation in Indonesia

Defamation in Indonesia, broadly penghinaan or pencemaran nama baik, means attacking another person's honour or good name by alleging a particular act, with the intent that the allegation become publicly known. Under the new Criminal Code (Law No. 1 of 2023), the core offence in Article 433 covers asserting such an allegation against another person. A separate, aggravated offence of fitnah (slander or libel in the sense of a false accusation) arises under Article 434 where the accuser, given the chance to prove the allegation, cannot do so and made it knowing it was untrue. The Code also addresses lighter insult (penghinaan ringan) in Article 436 for abusive expression that does not assert a specific fact. Across these provisions, the key elements are an attack on honour or reputation, a public or publicising intent, and a specific allegation rather than a vague opinion.

Civil liability for defamation

Apart from the criminal route, a defamation victim in Indonesia can bring a civil claim under the Civil Code (Kitab Undang-Undang Hukum Perdata). The general tort provision on unlawful acts allows a person who suffers loss from another's unlawful conduct, including an attack on reputation, to claim compensation. Civil claims are filed in the District Court (Pengadilan Negeri) and can seek monetary damages for material and immaterial harm and, in practice, measures such as an apology or retraction. There is no fixed statutory cap on civil defamation damages; the court assesses compensation based on the harm shown. Civil and criminal proceedings can both be pursued, and a victim is not required to choose only one path, although in practice many disputes are pursued through the criminal complaint mechanism.

Criminal defamation and penalties

Indonesia retains criminal defamation, and it is frequently invoked, particularly through the ITE Law in online cases. With the new Criminal Code in force since 2 January 2026, the general penalties for offline defamation are set out in Law No. 1 of 2023.

Watch out: Indonesia's online defamation provisions in the ITE Law have been used extensively against journalists, activists, and ordinary social-media users, and a conviction can carry imprisonment.

The defences

The new Criminal Code carries forward several exceptions familiar from the prior code. There is no defamation where the act was done in the defence of a legitimate interest or in the public interest, and the law provides an exemption where the statement was reasonably made to protect oneself. For fitnah under Article 434, a defendant who is permitted to prove the truth of the accusation and succeeds is not punished for slander, which makes proof of truth important, though the Code limits when a defendant is allowed to attempt such proof. The Constitutional Court has also narrowed the reach of the general defamation provisions: in Decision No. 78/PUU-XXI/2023 it imposed conditional limits on Article 433 to prevent overly broad readings of what counts as an attack on honour. Good faith and the absence of intent to publicise can also defeat liability.

Online defamation

Online defamation is the most actively litigated form in Indonesia and is governed by the Electronic Information and Transactions Law (UU ITE), as amended. Following the 2024 second amendment, online defamation sits in Article 27A, with the penalty in Article 45 set at up to 2 years imprisonment or a fine up to IDR 400 million. Even after the new Criminal Code took effect, the ITE Law continues to apply to online defamation as a specialised statute under the principle of lex specialis derogat legi generali, so electronic-medium cases are charged under the ITE Law rather than the general KUHP articles. The ITE provisions reach posts on social media, messaging platforms, websites, and other electronic systems. Like offline defamation, online defamation under the ITE Law is treated as a complaint-based offence, so a victim's complaint is generally required to start a prosecution.

Remedies, damages and how to bring a claim

A victim typically begins the criminal route by filing a police report, because defamation is generally a delik aduan (complaint offence) that cannot be prosecuted without the victim's complaint. Police and prosecutors then investigate and, if charges follow, the case is tried in the District Court (Pengadilan Negeri), which can impose imprisonment or fines. Separately, the victim may file a civil suit in the District Court seeking compensation for material and immaterial loss and, in practice, an apology or correction. Watch out: because defamation is complaint-based, there is a limited window for the victim to lodge the complaint after learning of the offence and the offender, so prompt reporting matters. Civil claims are subject to the limitation rules of the Civil Code.

Frequently Asked Questions

Is defamation a crime in Indonesia?

Yes. Defamation is a criminal offence. Since 2 January 2026 general defamation is governed by Articles 433 to 439 of the new Criminal Code (Law No. 1 of 2023), and online defamation is prosecuted under Article 27A of the ITE Law. It is also a civil wrong, so victims can sue for damages.

Which law applies to defamation in Indonesia now?

The new Criminal Code (KUHP, Law No. 1 of 2023) took effect on 2 January 2026 and governs general offline defamation. The Electronic Information and Transactions Law (UU ITE) still applies to online defamation as a specialised statute under the lex specialis principle.

What is the penalty for defamation in Indonesia?

Under the new Criminal Code, oral defamation (Article 433) carries up to 9 months and written or broadcast defamation up to 1 year 6 months, while fitnah (false accusation) under Article 434 carries up to 3 years. Online defamation under the ITE Law carries up to 2 years or a fine up to IDR 400 million.

What is the penalty for online defamation under the ITE Law?

Online defamation falls under Article 27A of the ITE Law, with the penalty in Article 45 set at up to 2 years imprisonment or a fine up to IDR 400 million. The ITE Law continues to govern electronic-medium cases even after the new Criminal Code took effect.

Is truth a defence to defamation in Indonesia?

Truth can lead to acquittal for fitnah under Article 434 if the defendant is permitted to prove the accusation and succeeds, and there are public-interest and self-defence exceptions. However, the law limits when a defendant may attempt to prove truth, so it is not always a complete shield.

Do you need the victim's complaint to prosecute defamation in Indonesia?

Generally yes. Defamation in Indonesia is a complaint-based offence (delik aduan), so prosecution requires a complaint from the victim, both under the new Criminal Code and the ITE Law for online cases.

How much can you sue for defamation in Indonesia?

There is no fixed statutory cap on civil defamation damages. A victim can sue in the District Court under the Civil Code for material and immaterial loss, and the court assesses compensation based on the harm proven.

Can you be jailed for a social media post in Indonesia?

Yes. Online defamation under Article 27A of the ITE Law carries up to 2 years imprisonment. These provisions have been used against social-media users, journalists, and activists, which is why press-freedom groups call for reform.