Pencemaran Nama Baik menurut Sudut Pandang Hak Asasi Manusia (HAM)

Abstract

The criminal act of defamation is regulated by the government, both in general and specific provisions, and is intended to provide comfort and protection for the feelings of society. The handling of defamation in criminal law is closely related to Article 310 of the Indonesian Criminal Code (KUHP). Insult, minor defamation, slander, and public humiliation are classified as forms of defamation that fall under criminal provisions handled by public prosecutors. From a human rights perspective, defamation is considered a minor offense. However, to prevent arbitrary actions in arresting suspects, specific rules and guidelines are required as references for law enforcement officers in handling such cases. This study employs a normative juridical method by examining relevant laws and regulations. The results show that defamation is a form of insult that may constitute a violation of human rights if law enforcement is carried out arbitrarily. Therefore, clear regulations and guidelines are necessary to ensure legal protection and to uphold human rights principles in handling defamation cases.