ANALYSIS OF THE JUDGE’S DECISION ON THE CRIMINAL ACT OF

DEFAMATION IN PUBLIC PLACES

(Study Decision Number : 552 / Pid.B / 2019 / PN.Tjk)

Frendy Aris Yulando 1, Erlina B2, Risti Dwi Ramasari3.

1. Fakultas Hukum Universitas Bandar Lampung. E-mail: frendyarisylndo@gmail.com
2. Dosen Fakultas Hukum Universitas Bandar Lampung
3. Dosen Fakultas Hukum Universitas Bandar Lampung
ARTICLE INFO ABSTRACT
Keywords: One form of criminal defamation in public places is in Decision Number: 552 /
Judge's Decision, Pid.B / 2019 / PN Tjk which states that the Defendant Ria Maryana binti Nadi is
Criminal act, legally and convincingly proven guilty of committing a criminal act "intentionally
Defamation attacking honor or reputation with accuse of something, which means that it is clear
so that it is publicly known. The type of data used is secondary data and primary
data. Collecting data through library research and field research. The data analysis
used was qualitative juridical. The results showed that the factors causing the
perpetrator to commit criminal defamation in public places based on Decision
Number: 552 / Pid.B / 2019 / PN Tjk were the defendant's dislike and hurt feelings
towards the victim. The criminal responsibility for the criminal defamation in public
places based on Decision Number: 552 / Pid.B / 2019 / PN Tjk is where the
defendant Ria Maryana was sentenced to imprisonment for 15 (fifteen) days. As well
as burdening the Defendant to pay a court fee of Rp. 2,000.00 (two thousand
rupiah). The basis for the judge's consideration in imposing criminal offenses
against the perpetrators of defamation in public places based on Decision Number:
552 / Pid.B / 2019 / PN Tjk is a juridical consideration that in the end the judge
stated that the defendant had fulfilled all the elements in Article 310 paragraph (1)
and legally as well as convincing guilt for committing a criminal act of defamation,
which is defined as an act of attacking honor or good name by accusing something
of a clear meaning so that it is known by the public and the defendant deserves a
criminal sanction as required by the public prosecutor.

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1. BACKGROUND
Humans are creatures created perfectly by Allah Almighty. accompanied by reason, mind,
which distinguishes it from other creatures. Humans are endowed with these advantages
which indicate that they have a much higher dignity than other creatures. On the one
hand, identity relies on a complete unity within humans. This oneness is so absolute that
it feels so clear within itself that it cannot be divided. On the other hand, we are also
aware of ourselves even though as a whole, but we are clearly composed of parts and
aspects that are so rich, it is said to be absolute unity because man as himself is a unique
individual human being who cannot added or subtracted between the past and the
present. Meanwhile, it is said to consist of parts that are so rich because it consists of the
body, the soul, each of which has its own activities, abilities, and styles, as well as its own
development. The above reality shows that within humans there is a unity (unity) and at
the same time diversity (complexity) which cannot be denied the truth.
Among the uniqueness of humans are the elements of creativity, taste, and intention that
each individual has as a gift given by the creator. With these three elements, humans are
able to feel and interpret various experiences, both physical and non-physical, concrete
and abstract, and objective and subjective. With this gift, humans also have the ability to
carry out social interactions between individuals, groups and society.
However, the interactions that are formed are not always positive and beneficial
interactions. But sometimes there are negative interactions that are detrimental. For
example, conflicts, quarrels, disputes, and so on. This can happen due to errors in the
interaction both due to offense and disappointment with each other. This can also be
caused by various factors, but what will be disclosed is the offense factor due to the abuse
of human dignity that they uphold. Humans as individual beings as well as social beings
must be treated with respect and courtesy.
Humans want to be respected in every activity they do. Humans also want to be
recognized and appreciated for their achievements. Psychologically, it is impossible for
humans to want suffering but humans to want happiness. One of the joys that humans
achieve when their dignity is protected and respected by others. On the other hand, if the
dignity is insulted, there will be a strong reaction and resistance, one of which is
defamation.
A criminal act is an act that is prohibited by law and whoever commits an act that
violates the law will be punished. In addition, criminal acts are also a form of violation of
social principles. Violation is determined within the limits of the values that are upheld in
a society. The law is not a goal, but only a bridge or tool that will lead us to the ideal idea
we aspire to. Thus, the law should always refer to the ideals of the nation's people. The
law must be developed for the purposes of ending an unjust social order and oppressing
human rights. In order to achieve such legal ideals, law cannot be separated from the
understanding and knowledge of society about what to aspire to and what legal politics
can fulfill the needs of the aspiring society.
The law of a nation is actually a reflection of the social life of the nation concerned. Thus,
it is fair to say that law is a function social history of a society. but law is not a static social
structure, but it can change and change occurs because of its function to serve society.

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The most obvious changes occur when the social history of a society is followed and how
it impacts the laws that apply there.1
Article 310 paragraph (1) of the Criminal Code states "Anyone who deliberately attacks
the honor or reputation of a person by accusing something, the intention of which is clear
so that it becomes public knowledge, is punished for defamation with a maximum
imprisonment of nine months or a maximum fine of four thousand five hundred rupiahs
”. Judging from the Criminal Code, defamation is termed an insult or defamation of
someone. The humiliation must be done by accusing someone of having committed an
unsubstantiated act with the intention that the accusation will spread and be known to
the public.
R. Soesilo explained what is meant by "insulting", namely "attacking the honor and good
name of someone" who was attacked usually felt "ashamed". The 'honor' attacked here is
only about honor as a 'good name', not 'honor' in the sexual field. Honor or good name is
something that is owned by humans who are still alive. That is why crimes against honor
and good name are generally directed against someone who is still alive. 2
Defamation is a complaint offense, that is, a defamation case occurs when a party
complains. This means that people who feel they have been wronged by their good name
or feel insulted can complain to the legal apparatus so that the case can be immediately
followed up, meaning that the legal apparatus does not take the initiative to carry out
investigations and investigations if neither party feels aggrieved. 3
One form of criminal defamation in public places is Decision Number: 552 / Pid.B /
2019 / PN Tjk which states that the Defendant Ria Maryana binti Nadi is legally and
convincingly proven guilty of committing a criminal act "intentionally attacking honor or
reputation with accusing something of something, which means that it is clear so that it is
known to the public ". Imposing the punishment to the Defendant is therefore with an
imprisonment of 15 (fifteen) days. As well as charging the Defendant to pay a court fee of
Rp. 2,000.00 (two thousand rupiah).
The criminal act of defamation has a huge impact on the creation of order and protection
of human dignity. With this accusation, a person's good name will be at stake in society. It
is not impossible that people who have been defamed will be excluded from social life.
Society will also look down on the person and even to the extent that the person is
isolated from the social life. Defamation can be done by irresponsible individuals through
various media and methods. A person can be categorized as having committed
defamation if he commits the act directly and actively in the sense of the accuser and the
one who is accused of being face to face and the defamation occurs immediately.
There are also people who commit defamation by expressing unkind and unkind words
offending someone to another and the information is heard by that person through
rumors, or through mass media and electronic media.

1
Recca Ayu Hapsari. 2016. Pertanggungjawaban Negara terhadap Pengingkaran Keadilan dalam
Arbritase Internasional, Journal Pranata Hukum, Januari 2016. ISSN 1907-560X
2
R. Soesilo. 2006. Kitab Undang-Undang Hukum Pidana (KUHP) Serta Komentar-Komentarnya
Lengkap Pasal demi Pasal. Politeria. Bogor, hlm. 226.
3
Andi Hamzah. 2014. Delik-Delik tertentu Dalam KUHP. Sinar Grafika. Jakarta, hlm. 178.

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The research method uses a normative and empirical juridical approach. The type of data
used is secondary data and primary data. Data collection through library research and
field research. The data analysis used was qualitative juridical.

2. DISCUSSION
2.1. The factors causing the perpetrator to commit a criminal act of defamation in
public places based on Decision Number: 552 / Pid.B / 2019 / PN Tjk.

The criminal act of defamation is a legal crime that currently needs special attention.
Many cases of defamation that develop in society are accompanied by the rapid
development of electronic information. The development of this technology has led to
several acts against the law in society, especially defamation through this modern
technology. The dynamics of rapidly advancing technology have become a factor in the
transgressions of the law. Judging from the Criminal Code, defamation is termed an insult
or defamation of someone. The insult must be done by accusing someone of having
committed an unproven act with the intention that the accusation will be made public.

Honor or good name is something that is owned by humans who are still alive. Because
that's a crime against honor and good name in general aimed at someone who is still
alive. Likewise with legal entities, in essence they do not have honor, but the Criminal
Code adheres that certain legal entities, including: President or Vice President, Head of
State, Representatives of Friendly Countries, Group / Religion / Ethnicity, or public
bodies, have an honor and a good name. .

The offense of defamation is subjective, that is, an assessment of defamation depends on

the party being attacked. Defamation can only be processed by the police if there is a
complaint from a party who feels defamed. The application of the law leads to the
conviction of the perpetrator with the intention of determining whether a person who
has committed a criminal act is responsible for a criminal act that has occurred or not. So
the application of the law becomes the beginning of accountability which can only
happen after someone commits a criminal act.4

The defamation law provision is a complaint offense, that is, a defamation case occurs
when a party complains. This means that people who feel aggrieved who are considered
to have defamed their good name or feel insulted can complain to the legal apparatus so
that the case can be immediately followed up, meaning that the legal apparatus does not
take the initiative to carry out investigations and investigations if neither party feels
disadvantaged.5

In order for the perpetrator to be convicted, the criminal act he has committed must be
fulfilled the elements that have been determined in the law. A person will be held
accountable for his actions if the action is against the law and there is no justification or
negation of the unlawful nature of the crime he has committed. Sanctions in the law
regarding acts against the law of defamation in cyberspace are expected to be able to

4
Chairul Huda. 2006. Dari Tindak Pidana Tanpa Kesalahan Menuju Tiada Pertanggungjawaban
Pidana Tanpa Kesalahan. Kencana. Jakarta, hlm 68
5
Andi Hamzah. 2014. Delik-Delik Tertentu Dalam KUHP. Sinar Grafika. Jakarta, hlm 178

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create a deterrent effect on the perpetrators. However, acts of defamation are still widely
encountered in this life.
Insult is a criminal act of insult (beleediging) which is established by the legislators, both
general and specific and aimed at providing protection for legal interests regarding this
sense of likeness. The law does not provide any information regarding the term
beleediging as a qualification for crime in Chapter XVI Book II. Likewise, the two objects
of crime law, namely eer (honor) and goeden naam (good name).
The form of crime in Chapter XVI is best called contempt, because this term is broader
than the term honorific, although the term honor is often used by some of our jurists.
Because honor is only one of the objects of humiliation.

Regarding the criminal act of insult (defamation), some are general insults and there are
special insults regulated in the Criminal Code. Apart from the Criminal Code, there are
also special insults. Specific insults in the latter sense are different from special insults in
the Criminal Code. Special insults in the Criminal Code are insults that are regulated
outside of Chapter XVI of the Criminal Code.
This particular insult is scattered throughout certain types of criminal acts. Meanwhile,
the special insult outside the Criminal Code which is now included in our legislation, is a
special insult (defamation) in Law No. 11 of 2008 concerning Electronic Information and
Transactions. In the ITE Law no. 11 of 2008, there are 19 forms of criminal acts in
Articles 27 to 37. One of them is a special criminal act of humiliation, contained in Article
27 paragraph (3) which states that: "everyone deliberately and without right distributes
and / or transmits and / or make accessible to electronic information and / or documents
that contain defamatory and / or defamation ”.
The special offense for defamation in Article 27 paragraph (3) contains the following
elements if it is specified. Objective elements: (1) Actions: a. distribute; b. transmits; c.
make it accessible. (2) Unlawful: without rights; and (3) The objects: a. Electronic
information and / or; b. electronic documents containing insult and / or defamation.
There are several theories about the causes of criminal acts, namely:
1. Environmental Theory
This school was pioneered by A. Lacassagne. in the theory of the causes of criminal
acts which are based on the idea that "the world is more responsible for what
happens to oneself”.6
2. Social Control Theory
The opinion regarding social control was expressed by Reiss who said that: There are
three components of social control, namely the lack of internal control that is
reasonable during childhood, the loss of control and the absence of social norms or
conflict of norms in question. There are two types of control, namely personal control
and social control. Personal control (internal control) is a person's ability to refrain
from achieving his needs by violating the norms prevailing in society. Meanwhile,
Social Control (external control is the ability of social groups or institutions in society
to implement norms or regulations to be effective.7

3. Theory Of Spiritualism
6
Soejono D. Loc. Cit.
7
Romli Atmasasmita.  Loc. Cit.

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According to this theory, the reason for the occurrence of a crime can be seen from a
spiritual and religious perspective, because the reason for the occurrence of a crime is
that there is no diversity in a person. Therefore, the further a person's relationship
with one's religion, the more likely a person is to commit a criminal act and vice
versa, the closer a person is to his religion, the more afraid that person is to do things
that lead to criminal acts.
4. Multi Factor Theory
This theory is very different from previous theories in responding to criminal acts by
arguing as follows: "The cause of a criminal act is not determined by one or two
factors that cause the crime".
5. Community Participation
Supervision and alertness to the possibility of a criminal act. Handling of criminal acts
if interpreted broadly will involve many parties, among others, the legislators, the
prosecutor's office, civil service and execution officials as well as ordinary people. 8

This is in accordance with Soejono's opinion who formulated a criminal act as an act that
is very detrimental to society which is carried out by members of the community as well,
so the community is also burdened with obligations for its safety and order, the
community as a whole joins the agency authorized to tackle criminal acts. 9

Based on the description above, efforts to tackle and prevent the occurrence of criminal
acts, the public is also burdened to participate together with law enforcement officials in
order to tackle criminal acts as much as possible.

2.2. The criminal responsibility for the perpetrators of criminal defamation in

public places based on Decision Number: 552 / Pid.B / 2019 / PN Tjk.

The person conveying the information, orally or in writing is given the opportunity to
prove that the intent is correct. If you can't prove the truth, it's called blasphemy. Based
on the formulation of the above article, it can be stated that defamation can be
prosecuted under Article 310 paragraph (1) of the Criminal Code, if the act must be done
in such a way, so that in his actions the accusation is inserted, as if the person defamed
(insulted) has committed certain acts, with the intent that the accusation be made public
(known to the public). The alleged act does not need to be an act involving a criminal act
(cheating, embezzling, adultery, etc.), but rather a common act such as prostitution in a
brothel. Although prostitution is not a crime, it is quite embarrassing for the person
concerned when it is announced.

The accusation must be made orally, because if it is made in writing or images, then the
act is classified as written contamination and is subject to Article 310 paragraph (2) of
the Criminal Code. This crime of defamation also does not need to be done in public,
enough if it can be proven that the defendant had the intention to broadcast the
accusation. Defamation (insulting) is actually part of the form of insult regulated in
Chapter XVI of the Criminal Code. The definition of "humiliation" can be traced from the
word "insult" which means "to attack someone's honor and good name".
Victims of humiliation usually feel ashamed, whereas honor here only concerns a good
name and not honor in the sense of sexuality. Acts that offend the realm of sexuality
8
Soedarto, Loc. Cit.
9
Soedjono D. Loc. Cit.

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include crimes of decency in Articles 281-303 of the Criminal Code. Defamation in the
Criminal Code consists of defamation or defamation (Article 310), slander (Article 311),
light humiliation (Article 315), complaining by means of defamation (Article 317) and
accusations by means of slander (Article 318).

The criminal responsibility for the criminal defamation in public places based on
Decision Number: 552 / Pid.B / 2019 / PN Tjk is where the defendant Ria Maryana binti
Nadi is legally and convincingly proven guilty of committing a criminal act "intentionally
attacking honor or reputation by accusing something, which means clear so that it is
known to the public ". Imposing the punishment to the Defendant is therefore with an
imprisonment of 15 (fifteen) days. As well as charging the Defendant to pay a court fee of
Rp. 2,000.00 (two thousand rupiah).

2.3. The basis for the judge's consideration in imposing crimes against
perpetrators of defamation in public places is based on Decision Number: 552
/ Pid.B / 2019 / PN Tjk.

Criminalization is a process and before that process takes place the role of the judge is
very important. Judges concretized criminal sanctions contained in a regulation by
imposing penalties on the defendant in certain cases. Judges in imposing a sentence are
very many things that affect it, namely that which can be used as material for
consideration in imposing a criminal decision, both inside and outside the Law. Decisions
and decisions must contain judges' considerations based on clear legal grounds and
grounds, because the judge is still responsible for the application and the decisions he
makes.

Judge's consideration is very important to determine the guilt of the defendant and to
know the severity of the sentence based on the facts and convictions of the judge during
the trial. The judge's consideration in making a decision must reflect a sense of justice for
both the victim and the accused. Judges' considerations in making a decision are
categorized into 2, namely juridical considerations and non-juridical considerations then
supported by factual considerations. Juridical considerations are judges' considerations
which are based on factors revealed in the trial and by law have been determined as
things that must be contained in a decision.

The element of deliberate means someone who does an action on purpose, must will and
realize the action and / or its consequences. A person who does an action deliberately
wants his action and in addition knows or is aware of what he is doing and the
consequences that will result from his action. The element without rights, is an act that is
not in accordance with the law, the perpetrator does not have a legal basis (base of
rights) either based on statutory regulations, agreements or other rights grounds to carry
out the act or in other words an act that is against the law.

Elements of insulting and / or defamation, the meaning of insulting and / or defamation

can be seen in the formulation of Article 310 of the Criminal Code so that an explanation
can be obtained that attacking honor or good name is degrading personal feelings or self-
respect or good name, namely the honor given by society to someone because of their
position in society. Accusing are words logically, it can be concluded that what is meant is

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the notification of an act that seems to have been committed by the person accused,
meaning that the act was not actually committed by the accused.

Based on Decision Number: 552 / Pid.B / 2019 / PN Tjk juridical considerations, in the
end the judge stated that the defendant had fulfilled all the elements in Article 310
paragraph (1), namely attacking honor or good name by accusing something of what the
intention was so that it was known by the public and the defendant should be sentenced
to a criminal sanction as demanded by the public prosecutor.

The consideration regarding the severity of the punishment to be imposed on the

defendant is through non-juridical considerations. Non-juridical considerations
emphasize the ability of the defendant to be responsible, the good and bad qualities of
the defendant, things that are burdensome and mitigate. The defendant's ability to be
legally responsible includes: 1) The defendant is not mentally disabled or mentally
disturbed due to illness (Article 44 of the Criminal Code), 2) The defendant is not a
person under 16 years of age (Article 45 of the Criminal Code), 3) The defendant in the
act of not was under the influence of coercion (Article 47 KUHP). 4) The defendant did
not commit a criminal act because he had carried out a statutory order (Article 50
KUHP).
Regarding the consideration of incriminating and mitigating matters, it shows that the
judge found more mitigating things for the defendant including, the defendant had never
been convicted, the defendant regretted his actions and promised not to repeat his
actions again, the defendant and the victim had made peace.

If the judge considers matters that lighten the sentence for the defendant, the panel of
judges will not decide the maximum sentence against the defendant. In determining the
severity of the punishment in this case the judge will look for things that make it easier
for the defendant, because every sentence imposed must be in accordance with the
actions committed by the defendant. In the verdict, there were several things that
alleviated the punishment for the defendant, namely the defendant had never been
convicted, the defendant regretted his actions and promised not to repeat his actions
again, the defendant and the victim had made peace.

3. CONCLUSION
Based on the results of research and discussion, it can be concluded that:
1. The factors that caused the perpetrator to commit the criminal act of defamation in
public places based on Decision Number: 552 / Pid.B / 2019 / PN Tjk were the
defendant's dislike and hurt feelings towards the victim.
2. The criminal responsibility of the perpetrator of the criminal act of defamation on the
spot general based on Decision Number: 552 / Pid.B / 2019 / PN Tjk, where the
defendant Ria Maryana binti Nadi was proven legally and convincingly guilty of
committing a criminal act "intentionally attacking honor or reputation by accusing
something, which means clear so that it is known. general". Imposing the punishment
to the Defendant is therefore with an imprisonment of 15 (fifteen) days. As well as
charging the Defendant to pay a court fee of Rp. 2,000.00 (two thousand rupiah).
3. The basis for the judge's consideration in imposing criminal offenses against the
perpetrators of defamation in public places based on Decision Number: 552 / Pid.B /
2019 / PN Tjk is a juridical consideration that in the end the judge states the

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defendant has fulfilled all the elements in Article 310 paragraph (1) and legally and
convincingly guilty of committing a criminal act of attacking the honor or reputation
by accusing something of something that is clearly intended to be known by the
public and the defendant deserves a criminal sanction as required by the public
prosecutor.

Based on the above conclusions, several suggestions can be given, including:

1. The severity of the sentence imposed by the judge is expected to give awareness to
the defendant not to repeat his actions again and to give views to the public to be
more careful in using electronic media so that they do not fall into the same criminal
act.
2. In imposing a sentence on a defendant, the judge should first consider the objectives
of the punishment to be achieved, the judge should have listed or put forward one of
the three objectives of punishment, namely the absolute theory, the relative theory, or
the combined theory. Then consider the condition of the defendant, namely the good
and bad qualities of the defendant, as well as the motive for the defendant's actions.
3. Matters that alleviate and burden the crime are expected to have an impact on the
punishment imposed, so that the decision can fulfill the aspirations and sense of
justice of the community.

THANK-YOU NOTE
The author would like to thank the supervisor who has provided input and suggestions to
the author as long as the author conducts research from beginning to end.

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