INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES
Vol 9, No 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)

The Enforcement of Defamation Law Regarding the Creation of a “Meme” Sticker on WhatsApp

Irawan, Joshua Evandeo (Unknown)
Valencia, Claresta Devina (Unknown)



Article Info

Publish Date
09 Nov 2024

Abstract

Creating meme stickers on WhatsApp using photos of others has become a common trend. However, often the individuals depicted in these memes feel offended and argue that such actions defame their reputation. The article on defamation is regulated in Article 27 A paragraph (1) of Law 1/2024 (amendment to Article 27 of Law 11/2008). This research employs normative juridical research methods and finds that the act of creating meme stickers on WhatsApp does not constitute the offense of defamation under Article 27 A paragraph (1) of Law 1/2024 as it does not meet the elements of accusation. However, creating Meme Stickers using other people's faces fulfills the criteria outlined in Article 32 paragraph (1) of Law 11/2008, which is the Prohibition of Changing other people's entities without permission. This research will also examine the role of the National Criminal Code which serves as the Ius Constituendum of Criminal Law. Under the National Criminal Code, meme sticker makers on WhatsApp could be subject to the provisions of the Article of Light Insult, specifically in Articles 436, 441 and 440.

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Journal Info

Abbrev

ijcls

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Indonesian Journal of Criminal Law Studies (IJCLS) is one of the scientific journals in the field of criminal law issued by the Criminal Law Department of the Faculty of Law, UNNES. IJCLS was first published in November 2016 to coincide with the 9th anniversary of the Faculty of Law UNNES, and ...