Criminal Code Draft Removes Provision on Slander from ITE Law

TEMPO.CO, Jakarta - The Indonesian government announced that the provision regulating slander that was initially contained in the Electronic Information and Transactions Law (UU ITE) will be dropped through the Criminal Code Draft Bill or RKUHP. 

A government representative claims that this decision is a positive move towards a better democracy and freedom of expression. 

"Because there are flows of criticism, especially the media, criticizing law enforcers that use the ITE Law to apprehend and arrest people," said the Law and Human Rights Deputy Minister Edward Omar Sharif Hiariej at the State Palace on Monday, November 28, 2022.

In order to avoid disparities and gaps, said Edward, the provisions in the ITE Law are included in the new Criminal Code Draft. Adjustments were made to automatically revoke the criminal provisions for defamation and humiliation, which are contained in Article 27 and Article 28 of the ITE Law.

Law and Human Rights Deputy Presents Draft Bill to Jokowi 

Edward said the latest report on the RKUHP had been submitted to President Jokowi after the House of Representatives (DPR) Legal Commission and the Ministry of Law and Human Rights agreed on all the provisions contained in the initial level of the RKUHP.

This decision was taken after the Law Commission and the government discussed 23 articles that were summarized from the inventory list of potentially problematic provisions (DIM) submitted to the government back on Thursday, November 24, 2022.

The meeting saw the House Law Commission suggesting the government revoke provisions with potential multiple interpretations contained in the ITE Law. The November 24 version of the RKUHP revoked a number of possible problematic provisions. 

In terms of passing the RKUHP, Edward said that it will be up to House legislators. 

FAJAR PEBRIANTO

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