Didik Purnomo, Anis Widyawati, Bagus Hendradi Kusuma

Prison and Non-Prison Sanctions in Cases of Defamation through Social Media

Introduction

Prison and non-prison sanctions in cases of defamation through social media. Examines effectiveness of prison vs. non-prison sanctions for social media defamation in Indonesia. Highlights ITE Law and 2023 Criminal Code, advocating fines/community service for restorative justice.

Abstract

The increase in online defamation in Indonesia in line with the growing number of internet users, which is often responded to with prison sentences of up to 4 years based on the Electronic Information and Transactions Law, has raised a debate regarding the effectiveness and proportionality of such punishments. This article aims to compare the effectiveness of prison sanctions versus non-prison sanctions such as fines, community service, and their alignment with the principles of restorative justice and the 2023 Criminal Code. The research method uses a comparative-normative approach by analyzing the rulings on defamation cases via Facebook, the ITE Law, and regulatory changes in the Criminal Code (Law No. 1/2023). The study results show that the defendants were sentenced to prison (2–8 months), only 3 received probation, the 2023 Criminal Code (effective 2026) abolishes prison sentences for minor offenses, switching to fines (maximum Rp10 million) or community service, online defamation has now become a complaint-based crime following the changes to the ITE Law in 2016. In conclusion, short-term prison sentences are less effective because they have the potential to sacrifice freedom of expression and have minimal preventive impact, while non-custodial sentences are more suitable for minor cases in line with the adoption of restorative justice. Recommendations include amendments to the Electronic Information and Transactions Law (UU ITE) to integrate alternative sanctions of fines or community service, prioritizing mediation as a preliminary step, and socializing the limits of digital freedom.

Review

This article addresses a highly relevant and pressing issue concerning the application of legal sanctions for online defamation in Indonesia. By focusing on the debate surrounding the effectiveness and proportionality of prison sentences versus non-custodial alternatives like fines and community service, the study tackles a critical area of legal reform. The comparative-normative approach, analyzing existing rulings in conjunction with the Electronic Information and Transactions Law (ITE Law) and the new 2023 Criminal Code, is well-suited to the stated aims. The paper's ambition to align sanctions with restorative justice principles and contemporary legal developments positions it as a timely and important contribution to the discourse on digital freedom and legal accountability. The research effectively highlights a significant disjuncture between current judicial practice, which often results in short-term prison sentences, and the progressive intent of the 2023 Criminal Code, which aims to abolish imprisonment for minor offenses and favor non-custodial measures. The finding that short-term prison sentences are less effective due to their potential to restrict freedom of expression and minimal preventive impact is a compelling argument. The emphasis on restorative justice and the shift towards fines and community service for minor cases, alongside the reclassification of online defamation as a complaint-based crime, are strong points that underscore the need for legal and policy reform. The abstract also provides clear and actionable recommendations, including amendments to the ITE Law and prioritizing mediation, which are well-aligned with the study's conclusions. In conclusion, this article offers a valuable and pertinent analysis of the legal landscape surrounding online defamation in Indonesia. Its rigorous comparative approach and strong alignment with emerging principles of restorative justice and legislative reform make it a significant contribution. The findings advocating for a shift away from short-term custodial sentences towards more proportionate and effective non-custodial sanctions are well-supported. The paper is highly suitable for publication and will undoubtedly inform ongoing discussions among legal scholars, policymakers, and practitioners regarding the future of digital free speech and justice in Indonesia.

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