ANALISIS YURIDIS TERHADAP UNSUR “SUPAYA DIKETAHUI UMUM” DALAM TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI MEDIA ELEKTRONIK

The rapid development of social media as a space for digital communication has
generated new complexities in the enforcement of criminal defamation law,
particularly following the enactment of Article 27 paragraph (3) of the Electronic
Information and Transactions Law (EIT Law). One central issue lies in the
absence of the phrase “so as to be known by the public,” which in Article 310
paragraph (1) of the Indonesian Penal Code (KUHP) serves as a key element to
distinguish private insults from public defamation. This research normatively
analyzes the relevance of that element in proving defamation committed via social
media and evaluates its legal strength in defining the boundary between private
and public spheres. A normative legal research method was employed, with a
prescriptive analysis of legal norms, criminal law doctrine, and the characteristics
of digital content distribution. The findings indicate that the element “so as to be
known by the public” remains essential in assessing the perpetrator's intent and
the social consequences of a statement, even though it is not explicitly stated in
the EIT Law. This element functions as a normative filter that limits excessive
criminalization of communications intended to remain private. Ignoring this
element risks violating the legality principle and enables the criminal prosecution
of legitimate expressions in democratic society. Accordingly, legal reform or
interpretive guidelines are necessary to ensure that this element is consistently
applied in digital law enforcement practices.