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Defamation law

to be charged with defamation, the elements of defamation should be met. If the elements are not met, then one can not be charged with defamation.

In principle, regarding defamation set forth in Penal Code,Chapter XVI of Contempt contained in Article 310 s.d 321 Criminal Code.See the explanation of R. Susilo Article 310 Criminal Code, we can see that Criminal Code divide the six kinds of humiliation, namely:

1 Sacrilege (Article 310 Signs (1) Criminal Code)

According to R. Susilo, to be punished in accordance with this article, then insult it must be done by "accusing someone has done certain acts" with the intention that the charge spread (known by many people). Alleged acts do not need an act punishable as theft, darkens, adultery, etc., enough with the usual action, definitely an act of shame.

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2 Sacrilege by letter (Article 310 Signs (2) Criminal Code)

According to R. Susilo as described in the explanation of Article 310 Criminal Code, when the charge is done by writing (letter) or image, so evil is called "insult to the letter". So a person can be prosecuted under this section if the accusations or insults words or pictures made with letters.

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3 Defamation (Article 311 Criminal Code)

Referring to the explanation of R. Susilo Article 310 Criminal Code, as we sarikan, acts in Article 310 Signs (1) and paragraph (2) Criminal Code does not make or despised despised by writing (can not be punished), when the charges were made to defend the common interests or forced to defend themselves. In this case then the judge will review what exactly the contempt was committed by the defendant as motivated to defend the public interest or to defend themselves, if the defendant asks to be examined (Article 312 Criminal Code).

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When the question of the defense can not be considered by the judge, whereas in the investigation turns, that what is alleged by the defendant was not properly, the defendant did not blame blasphemy again, but subject to Article 311 Criminal Code (defamation).

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So, mean to denigrate in this article are evil or insult with insult to the writing of the case when it is permitted to prove that the accusation is to defend the public interest or to defend themselves, he can not prove it and the charge was not true.

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4 Mild contempt (Article 315 Criminal Code)

Humiliation as is done in a public place in the form of four-letter words that are insulting. R Susilo, in the explanation of Article 315 Criminal Code, as we sarikan, said that if the insult was done by way other than "alleges an act", for example by saying "dog", “asu”, "Whore", "Bastard" and so on, entrance Article 315 Penal Code and called "mild contempt".

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Mild insult can also be done with the act. According to R. Susilo, outrages committed by acts such as spitting in his face, holding the head of the Indonesian, encourage remove the cap or headband Indonesia. Similarly, a poke, encouragement, tempelengan, actual boost is persecution, but when it's done no matter how hard, turn can cause humiliation.

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5 False complaints or complaints of slander (Article 317 Criminal Code)

Sugandi, SH .in his book Book of the Criminal Justice Act following explanation (it. 337) gives the lesson, which threatened punishment in this article are those who deliberately:

inserting a false complaint letter about a person to the chiefs.
b ordered to write a fake letter of complaint about a person to the chiefs to honor or reputation of the person attacked.
6 Defamation actions (Article 318 Criminal Code)

According To R. Lally, S.H., Related Article 318 Criminal Code, as we sarikan, threatened punishment in this article are those who intentionally commits an act that causes another person improperly engaged in a criminal act, for example: secretly harbor an original article from the evil in someone else's home, with the intention that the person accused of a crime.

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If you are experiencing defamation insults or other gujatan you can report this to the authorities to immediately follow up

Do not accept the position Legalsolusindo Services and Management Services Licensing

If you are experiencing defamation insults or other gujatan you can report this to the authorities to immediately follow up

Do not accept the position Legalsolusindo Services and Management Services Licensing

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