The National Police Will Adapt The Defamation Article That Was Removed By The Constitutional Court

Karo Penmas, Police Public Relations Division, Brigadier General Trunoyudo Wisnu Andiko (DOK Rizky AP/VOI)

JAKARTA - The Constitutional Court (MK) abolished the article on defamation in the Criminal Code or the Criminal Code. Regarding the decision, the National Police stated that they would adapt to the new rules. "In the future, if there are provisions like that, the National Police will adapt and then also review," said Karo Penmas, Police Public Relations Division, Brigadier General Trunoyudo Wisnu Andiko, to reporters, Friday, March 22. It is undeniable that currently, the National Police is handling several cases of alleged defamation, both at the Criminal Investigation Unit, the Regional Police to the ranks of the police. However, with the Constitutional Court's decision, the National Police stated that they were obedient and obedient to the applicable rules. "(Polri) submit and obey the new rules," said Trunoyudo. Meanwhile, the Constitutional Court stated Article 310 of the Criminal Code concerning conditional unconstitutional defamation. The reason is that there is a difference in the norm provisions in Article 310 paragraph 1 of the Criminal Code with Article 433 of the new Criminal Code, namely that there is an affirmation that the perpetrator commits acts of pollution, including verbal acts. In addition, the investigation is not regulated in Article 310 paragraph 1 of the Criminal Code. "Therefore, without the Court intending to assess the constitutionality of Article 433 of Law 1/2023 which only has binding force after three years after being promulgated (January 2, 2026), then the affirmation regarding the elements of the act verbally contained in Article 433 of Law 1/2023 can be adopted or accommodated for legal certainty in the application of the provisions of the norms of Article 310 paragraph (1) of the Criminal Code," said Constitutional Justice Enny Nurbaningsih in the trial. “ Thus, the norm of Article 310 paragraph (1) of the Criminal Code in question can provide legal certainty and have an equal reach that can reduce the potential for differences in treatment or discrimination against norm addresat on the provisions of the norms of Article 310 paragraph (1) of the Criminal Code, so that in its application it does not cause ambiguity, ” continued Enny.

Meanwhile, the decision was based on a lawsuit filed by Fatia Maulidiyanti, the Alliance of Independent Journalists (AJI) of Indonesia, and the Indonesian Legal Aid Foundation (YLBHI) to conduct material tests on Articles 27 (3) and 45 (3) of Law 19/2016 (UU ITE), Articles 14 and 15 of Law 1/1946 concerning Criminal Law Regulations and Article 310 paragraph 1 of the Criminal Code.