Criminal offense of defamation through electronic media is one of several
types of cybercrime types that exist. Defamation offenses arising from the negative
impacts of the development of the information and communication technology
global society, resulting in changes in people's behavior patterns in such fields as
computer misuse. From the above background, it is in the writing of this essay
presented two main issues, namely : How does the application of Clause 27
paragraph (3) of Statute No. 11/2008 on Information and Electronic Transactions
in a defamation case ? and How does thinking about the defamation provisions
through electronic media in the future ?. This research is normative, made by
reviewing/analyzing secondary data in the form of legal materials, especially
primary legal materials and secondary legal materials to understand the law as a
set of rules or norms in the system of positive law governing the human life.
Results of this study indicate that the application of the provisions of defamation
through electronic media is still referring to the pattern of retributive justice
which tend to promote the criminal sentencing process. Defamation provisions
through electronic media is still regulated in a separate law that could potentially
lead to differences in the perception of law enforcement in Indonesia.
Formulation of the draft new Code can be used as an alternative to integrate the
provisions of the Act ITE with the provisions of the Criminal Code .