| dc.description.abstract | Defamation through Electronic Media as regulated in Article 27 paragraph (3) of Law No. 19 of 2016 on
amendments to Law No. 11 of 2008 on Information and Electronic Transactions does not explain in detail
the element of "insulting content and/or defamation;‖ therefore, the understanding of this term is
subjective to the victim. Article 27 also includes the phrase "no rights," suggesting that victims' legal
rights in response to defamation are limited. Even so, the Information and Electronic Transactions Law
(ITE Law – Undang-Undang Informasi dan Transaksi Elektronik) itself does not provide a detailed explanation
of these elements. The results found in this study are an objective criteria to assess whether electronic
information or electronic documents which can be qualified as defaming. This study argues that
defamation occurs if: (a) information or documents are built based on the clarity of the insulted person's
identity; (b) the purpose of words is deemed insulting; (c) defamation is addressed to natural person or
legal person (d) the content and context of each case, and (e) the allegations. In addition, a person is said
to have the right to commit criminal defamation if carried out in the public interest and by being forced
to defend himself. | en_US |
