ASEAN Regional Coalition to #StopDigitalDictatorship authoritarian New Order regime and its “recognition” readability, we will use the term “new Criminal Code” as one of the most human rights-respecting countries to refer to the 2023 Criminal Code (KUHP) while the in Southeast Asia. For example, unlike most in the term “old Criminal Code” will be used to discuss the region, Indonesia declared the offence of sedition 1946 Criminal Code. 5 unconstitutional in 2008. However, Indonesia is 6 far from being exempt from digital dictatorship, as constitutional and legal guarantees are undermined by repressive laws, impacting freedom of speech and digital rights. The government persecutes its own State-Sanctioned Silence: Legal Measures Against Government and State Institutions people by using the same laws as other governments. In the old Criminal Code, the term “defamation” is However, due to its religious context, the Indonesian the title of Chapter XVI (Sixteen), under Article 310, a digital landscape slightly differs from most other defamation claim, be it slander or libel, requires the southeast asian countries. The government places following elements to be proven: (i) the intention of particular importance on offences against religion, the alleged offender; (ii) harm towards the defamed and blasphemy cases are common in courts. In party’s honour or reputation; (iii) an allegation about the end, the situation of digital dictatorship remains the defamed party charging him with a certain severe, silencing the voices of journalists, human matter; and (iv) the obvious intent to give publicity rights defenders, and Indonesian citizens, regardless thereof. In addition to the aforesaid elements, for of the articles used. defamation in the form of libel, additional elements 7 8 of “writing or picture” which is “broadcasted, shown, or posted in public” must also be proven. A person From Colonial Dominance to Contemporary Control: Indonesia’s Criminal Code Evolution During our period of interest -from 2020 to 2023- the criminal code in use is none other than the centuryold Dutch colonial-era legislation. This code was retained after Indonesian independence in 1945 and the enactment of the Criminal Code throughout the territory of Indonesia was officially carried out in 1958. However, on December 6, 2022, Indonesia’s parliament ratified a new Criminal Code, officially signed by the President Joko Widodo on January 2, 2023.. The new Criminal Code is scheduled to come into force three years after its promulgation, specifically on January 2, 2026.10 While this new addition could have been a boon for democracy, the new Criminal Code poses a significant threat to democratic activities and freedom of expression, both online and offline. Several controversial articles within the old and the new Criminal Code raise serious concerns that we will discuss in the following paragraphs. To enhance Indonesia being accused of defamation may put up a defence provided under Article 310 (3) of the Criminal Code, namely that such action was clearly conducted in the interest of the public or as necessary self-defence.11 In addition, under the old Criminal Code, there are several types of defamation, as follows: Slander defined as verbal defamation (Article 310 (1)); Libel defined as defamation in writing (Article 310 (2)); Calumny defined as libel or slander in circumstances in which the alleged offender knowingly or maliciously issues the false statement (Article 311); Simple defamation defined as defamation that does not constitute libel or slander (Article 315); Calumnious submission of charge or information to authorities (Article 317); Calumnious insinuation (Article 318); Defamation of the dead (Article 320); and Spreading of defamation of the deceased (Article 321).12 Furthermore, acts within the context of defamation are also regulated in Article 142 of the old Criminal Code (defaming kings or heads of friendly countries), 73