Mahfud MD Confirms Only Victims Can Report After The ITE Law Is Revised

Coordinating Minister for Political, Legal and Security Affairs (Menko Polhukam) Mahfud MD. (Photo: Doc. Antara)

JAKARTA - Coordinating Minister for Political, Legal, and Security Affairs (Menko Polhukam) Mahfud MD said that only victims can report slander and defamation if a limited revision of the ITE Law Number 11 of 2008 has been carried out.

"We explain, here there is a complaint offense. That the party entitled to submit (case report, ed) attacking the honor or good name of someone using the means of the ITE Law, only victims may submit complaints," Mahfud said in a press conference broadcasted on the Coordinating Ministry for Political, Legal and Security Affairs YouTube, Friday, June 11th.

Perpetrators of personal insults to other people, he said, could only be reported by the victim or a legal representative appointed in writing or with a power of attorney. According to Mahfud, this has been stated in the Chief of Police's Circular.

"So, for example, if someone insults a professor regarding a personal matter, tomorrow they can complain about the professor or an officially appointed attorney," explained the former Chief Justice of the Constitutional Court (MK).

"It's not other people who have nothing to do with complaining. That can't be," he added.

Apart from individuals, this can also be done by legal entities who feel their names have been defamed because they are attacked with slander.

"Those who can report legal entities but those who are reported are the people," said Mahfud.

Previously reported, Coordinating Minister for Political, Legal and Security Affairs Mahfud MD stated that President Joko Widodo (Jokowi) had approved and gave directions to revise a number of articles in the Electronic Information and Transaction Law (UU ITE).

"We have just reported to the president and have agreed to do it (revision, ed)," Mahfud said in a press conference broadcasted on the YouTube account of the Coordinating Ministry for Political, Legal and Security Affairs, Tuesday, June 8.

The former Chief Justice of the Constitutional Court (MK) explained that there are four articles and one other article that will be revised in relation to changes to the ITE Law. The four articles are articles 26, 27, 28, and 36. In addition, there is article 45c which also needs to be revised.

Furthermore, this revised draft will be carried out by the Ministry of Law and Human Rights (Kemenkumham) and will soon be submitted to the Indonesian House of Representatives.

Most recently, Mahfud said the government would not revoke the Information and Electronic Transactions Law (UU ITE). He said the government chose to carry out a limited revision of the law because repealing it would be tantamount to suicide.