This Legal Memorandum with the title “Legal Analysis on the Criminal Defamation
Allegation Against Lisa Mariana under Article 27A of the EIT Law and Articles 310–311
of the Indonesian Criminal Code” examines the criminal defamation allegation directed at
the Applicant, Lisa Mariana, arising from her social media post, which the Respondent
interpreted as an attack on reputation. The allegation resulted in a police report under
Article 27A of Law No. 11 of 2008 on Electronic Information and Transactions (EIT Law)
and Articles 310 and 311 of the Indonesian Criminal Code (KUHP). The analysis addresses
five key legal issues, namely the fulfillment of statutory elements, the existence of malicious
intent (animus injuriandi), the protection of constitutional rights to freedom of expression,
the relevance of civil legal remedies, and the appropriateness of penal mediation. Each
issue is examined by breaking down the legal provisions, applying them to the facts, and
presenting arguments in favor of the Applicant based on primary and secondary legal
sources. Findings indicate that the alleged criminal elements are not cumulatively satisfied.
The Applicant’s actions lack malicious intent, constitute a civil claim concerning a child’s
legal status, and are protected under constitutional rights and legal justifications.
Therefore, the dispute should be resolved through civil proceedings rather than criminal
prosecution. The memorandum recommends that the Applicant file a formal request for
termination of investigation (SP3) under Article 109(2) of the Indonesian Criminal
Procedure Code (KUHAP), prepare for a pretrial motion, and initiate a civil lawsuit
regarding the child’s parentage. These measures aim to put an end to the unfounded
criminalization process and uphold the principles of justice and legal certainty.