Parameter Kepentingan Umum dalam Delik Pencemaran Nama Baik Pasca Putusan Mahkamah Konstitusi Nomor 12/PUU-XXIV/2026

Abstract

The application of public interest as a ground for excluding criminal punishment in defamation cases raises questions concerning the boundaries between the protection of personal reputation and freedom of expression. Article 433 paragraph (3) of Law Number 1 of 2023 concerning the Indonesian Criminal Code provides that defamation is not punishable when committed in the public interest or under the necessity of self-defence. However, the application of this provision requires interpretive parameters capable of ensuring legal certainty and preventing the criminalization of expressions intended to protect societal interests. This study examines the normative construction of public interest in criminal defamation and the implications of Constitutional Court Decision Number 12/PUU-XXIV/2026 for interpreting the provision. It employs normative legal research using statutory, conceptual, and case approaches. Legal materials are analysed qualitatively through systematic legal interpretation. The analysis focuses on the relationship between reputation protection, freedom of expression, legal certainty, and the function of public interest as a ground for excluding criminal punishment. The study proposes interpretive parameters based on the purpose of the expression, its connection to societal interests, the factual basis of the statement, and the proportionality of its manner of communication. These parameters are proposed as a normative analytical framework for assessing the application of Article 433 paragraph (3) of the Indonesian Criminal Code consistently and fairly.