Defamation in the New Criminal Code: A Review of Substantive Justice

Abstract

This research will discuss significant changes in defamation regulations in the New Indonesian Criminal Code with a focus on substantive justice aspects to understand their impact within the context of criminal law in Indonesia. The study employs a normative legal research method that centers on the analysis of legislation to comprehend and evaluate the regulation of defamation in the New Indonesian Criminal Code from a substantive justice perspective. Analysis is gathered from legal sources and official government documents through qualitative analysis. The research novelty is provisions for defamation in the New Indonesian Criminal Code raise questions about substantive justice. The broad scope of defamation offenses can potentially threaten freedom of speech, and the use of information technology must be monitored to avoid violating human rights. Additional penalties, such as the withdrawal of rights, must adhere to legal principles and human rights. Alignment with the principles of freedom of speech is crucial, and ongoing evaluation and reform in criminal law are necessary to uphold substantive justice. In the regulation of defamation, the protection of individuals should be balanced with safeguarding freedom of speech in a democratic society.