Defamation under Indonesian Law: Difference between Defamation and Opinion

In 2025, Indonesia continues to grapple with challenges to freedom of speech, as inconsistencies in the enforcement of defamation laws. Alongside this issue, the proliferation of digital platforms has contributed to the ongoing difficulty in differentiating between expressing personal views and violating defamation laws. Numerous individuals have faced legal consequences for what they perceive as …

2024 Anti-Corruption Efforts in Indonesia – Year in Review

The year 2024 was a dynamic period in Indonesia’s fight against corruption. Various law enforcement, including the Corruption Eradication Commission (KPK), the Attorney General’s Office, and the Indonesian National Police (POLRI), demonstrated varying performances in handling corruption cases involving public officials, the private sector, and corporations. Throughout the year, law enforcement efforts faced numerous challenges, …

“Kronologi Nyoman Sukena Diadili gara-gara Pelihara Landak Jawa Milik Sang Mertua” (Artikel ini telah tayang di Kompas.com)

Kasus itu berawal saat ayah mertua Sukena menemukan dua landak kecil di ladang yang kemudian dirawat hingga besar. Setelah ayah mertua meninggal, dua landak tersebut dirawat oleh Sukena hingga memiliki dua anak. Total ada empat landak yang dirawat oleh Sukena. Namun niat baik Sukena menjadi bumerang saat ada seseorang yang melaporkannya ke polisi. Sukena pun …

Compliance with Health, Safety, and Environmental (“K3”) Regulations to Avoid Any Criminal Liabilities

A national Health, Safety, and Environmental (“K3“) system is crucial to ensure a safe, secure, and healthy working environment for all employees. The government has developed the K3 system through various instruments in the form of technical standards and compliance mechanisms, all of which are part of the manpower regulatory framework. The compliance of K3 …

Manpower Act of Indonesia after the Constitutional Court Decision Number 168/PUU-XXI/2023

The Constitutional Court has examined and ruled important changes on the Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law (Perppu) No. 2 of 2022 on Job Creation into Law (the “Job Creation Law”), specifically on the employment cluster. The decision of the Constitutional Court Decision Number 168/PUU-XXI/2023 (the …

Investment or Fraud: How to tell the difference

A person once opined that the existence of victims of fraud in this world indicated that humanity still possesses trust in each other. If there were no longer any victims of fraud in the world, it would imply a complete absence of trust among individuals. However, as normal human beings, it is inherent that individuals …

“State Economic Loss” in Corruption Cases in Indonesia

In recent years, most of the Indonesian law enforcements have frequently prosecuted corruption cases by alleging “state economic loss” instead of “state financial loss” as one of the elements in the Eradication of Corruption Act. The implementation of “state economic loss” concept under the Eradication of Corruption Act in Indonesia has caused a significant debate; …

A Legal Safeguard for Shareholders: A Court-Ordered “Audit”

In practice, not every shareholder serves as the board in a company; and in certain cases, the shareholder faces difficulty to get access in the company. Based on the Article 52 paragraph (1) of Law Number 40 Year 2007 on Limited Liability Companies as amended by Law Number 6 Year 2022 on the Stipulation of …

Criminal Liability of a Director in a Criminal Case in Indonesia: The Test

As the person who runs the company, a director must bear a large burden of liability for all tasks that require his/her approval. This often leads to a criminal act, when the act is arguably violating the law. Although the basic theory for criminal act is the malicious intend (mens rea) followed by the act …