Legal Analysis of the Criminal Act of Defamation Through Social Media

Abstract

The way society communicates has changed significantly as a result of advances in
digital technology, particularly how ideas are expressed on social media. The rise in
online defamation claims is one legal issue arising from the ease of access to information.
The purpose of this essay is to examine the crime of defamation on social media from a
legal perspective, using provisions from the Electronic Information and Transactions
Law (UU ITE) and the Criminal Code (KUHP). Using a normative approach, it is found
that the two legal instruments differ significantly in terms of the elements of the crime
and their sanctions. Furthermore, it remains difficult for law enforcement to distinguish
between insults and freedom of expression in defamation cases, particularly those
related to criticism of public figures. To curb such violations, this essay also emphasizes
the importance of restorative justice strategies and improving digital literacy. Thus, in
the digital age, it is crucial to strike a balance between safeguarding freedom of speech
and preserving individual dignity.