Criminal Code Of Indonesia: Articles Relevant To The Media

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Bert Vierstra

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Nov 5, 2002
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I have to bother you with this, unfortunately.

This forum can be considered "Public Media" and the owner (and maybe even the Admin) of this site "The Publisher" of your writings.

Here below, you find the Criminal Code articles that probably apply to this site, the articles here are in part about "printed media", but if it comes down to it...

Summary;

If you write anything that can be considered Defamation, a Crime against the dignity of the President and Vice President of the RI, a Crimes against friendly states and against heads and representatives of friendly states, a Crime against the public order, a Crime against public authority, a Crime against decency.... ;

They may come after the owner or / and Admin of this website and they may be forced to cooperate (by handing over all necessary details, and communications from members under investigation) with investigating authorities, or go to jail themselves. (And I don't intend to go to jail).

If I read things well; if "nasty" things are posted by people residing outside of Indonesia, the publisher is responsible.

While the fines here, are set between 4.500 and 5.000 rupiah, I would not be surprised if these fines have about 5 zero's extra today.

Article 61

1) In crimes committed by means of the press the publisher in such shall not be prosecuted if the printed matter mentions his name and domicile and the perpetrator is known or has been made known by the publisher at the first warning after the bill.

2) This provision shall not be applicable if at the time of publication no criminal proceedings against the perpetrator could be instituted or the perpetrator was domiciled outside Indonesia.

Article 62

1) In crimes committed by means of the press, the printer as such shall not be prosecuted, if the printed matter mentions his name and domicile and the person by whose order the matter has been printed is known or has been made known by the printer at the first warning after the bill.

2) This provision shall not be applicable if at the time of printing no criminal proceedings could be instituted against the person by whose order the matter was printed or the person by whose order the matter was printed was domiciled outside Indonesia.


Article XIV UU No. 1 1946

1) Anybody who broadcasts/publishes a false story or press release/announcement, with the intention to cause a public disturbance, is to be punished with a jail sentence of up to ten years.

2) Anybody who broadcasts/publishes a story or distributes an announcement that can cause a public disturbance, while he/she should suspect that the story is false, is to be punished with a jail sentence of up to three years.

Article XV UU No 1 1946

Anybody who broadcasts/publishes news that is used with certainty or news that exaggerates or is incomplete, while they understand or at least should be able to understand, that the news will or could easily cause a public disturbance, is to be punished with a jail sentence of up to two years.


CHAPTER XVI

Defamation

Article 310

The person who intentionally hurts someone’s honour or reputation by charging him with a certain fact, with the obvious intent to give publicity thereof, shall, being guilty of slander, be punished by a maximum imprisonment of nine months or a maximum fine of four thousand five hundred Rupiah.

If this takes place by means of writings of portraits disseminated, openly demonstrated or put up, the principal shall, being guilty of libel, be punished by a maximum imprisonment of one year and four months or a maximum fine of four thousand five hundred Rupiah.

Neither slander nor libel shall exist as far as the principal obviously has acted in the general interest or for a necessary defence.

Article 311

Any person who commits the crime of slander or libel in caser proof of the truth of the charged fact is permitted, shall, if he does not produce said proof and the charge has been made against his better judgment, being guilty of calumny, be punished by a maximum imprisonment of four years.

Depravation of rights mentioned in Article 35 first to thirdly may be pronounced.

Article 312

Proof of the truth of the charged fact shall only be permissible in the following cases:

1st If the judge deems the examination of the truth necessary to judge the allegation of the accused tha he has acted in the general interest of for his necessary defence;

2ndly, if an official is charged with the commission of an act in the exercise of his office.

Article 313

The proof referred to in Article 312 shall not be permissible if the charged fact cannot be presented except upon complaint and no complaint has been made.

Article 314

If the defamed person has been declared guilty of the charged fact by judicial verdict that has become final punishment by reason of calumny shall be excluded.

If the defamed person has been acquitted of the charged fact, by judicial verdict that has become final, said verdict shall be considered as perfect proof of the untruth of the fact.

If proof against the defamed person by reason of the fact charged to him, a criminal prosecution has been initiated the prosecution by reason of calumny shall be suspended until the verdict on the charged fact has become final.

Article 315

A defamation committed with deliberate intent which does not bear the character of slander or libel, against a person either in public, orally or in writing, or in his presence orally or by battery, or by a writing delivered or handed over, shall as simple defamation, be punished, by a maximum imprisonment of four months and two weeks or a maximum fine of four thousand five hundred Rupiah.

Article 316

The punishments laid down in the foregoing articles of this chapter may be enhanced by one third, if the defamation is committed against an official during or on the subject of the legal exercise of his office.

Article 317

Any person who with deliberate intent submits or causes to submit a false charge or information in writing against a certain person to the authorities, whereby the honour or reputation of said person is harmed, shall, being guilty of calumnious charge, be punished by a maximum imprisonment of four years.

Deprivation of the right mentioned in article 35 first to thirdly may be pronounced.

Article 318

1) Any person who with deliberate intent by some act falsely cast suspicion upon another person of having committed a punishable act, shall, being guilty of calumnious insinuation, be punished by a maximum imprisonment of four years.

2) Deprivation of the rights mentioned in Article 35 first to thirdly may be pronounced.

Article 320

1) Any person who in respect of a deceased person commits an act that, if the person would still be alive, would have been characterized as libel or slander, shall be punished by a maximum imprisonment of four months and two weeks or a maximum fine of four thousand five hundred Rupiah.

2) This crime shall not be prosecuted than upon complaint by either one of the blood relatives or persons allied by marriage to the deceased in the straight line or sideline to the second degree, or by the spouse.

3) If by virtue of matriarchal institutions the paternal authority is exercised by another than the father, the crime may also be prosecuted upon complaint by this person.

Article 321

1) Any person who disseminates, demonstrates openly or puts up a writing or portrait of defamatory or for a deceased – slanderous contents with intent to give publicity to the defamatory or slanderous contents or to enhance the publicity thereof, shall be published by a maximum imprisonment of one month and two weeks or a maximum fine of four thousand five hundred Rupiah.

2) If the offender commits the crime in his profession and during the commission of the crime two years have not yet elapsed since an earlier conviction of the person by reason of a similar crime has become final, he may be deprived of the exercise of said profession.

3) This crime shall not be prosecuted except upon complaint by the persons indicated in Article 310 and the second and third paragraph of Article 320
 
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