On 29 April 2025 Indonesia's Constitutional Court (MK) narrowed who can use the defamation clause in the Electronic Information and Transactions Law (UU ITE). Decision 105/PUU-XXII/2024 takes government bodies, groups with a specific identity, institutions, corporations, professions, and offices out of the meaning of "another person" in Article 27A. For cluster residents, that touches a daily habit: complaining in the WhatsApp group.
A roof leak still unfixed, a service charge raised with no breakdown, a neighbour's car blocking your carport. These usually reach the residents' group before they reach the estate manager. We are a developer, so read this with that in mind. We list the article numbers so you can check them yourself.
The four parts of Article 27A
Article 27A of Law 1/2024 prohibits intentionally attacking the honour or reputation of another person by alleging something, with the aim of making it publicly known, in electronic form through an electronic system. Article 45(4) sets the penalty: up to 2 years in prison and/or a fine of up to Rp400 million.
For a WhatsApp group, four parts matter most:
- Another person. After the MK ruling, this means an individual.
- Alleging something. The MK reads this as an act that lowers someone's honour or reputation, so there has to be an alleged act.
- Publicly known. There has to be an aim of spreading the allegation.
- Complaint offence. Under Article 45(5), only the victim or the person affected can trigger a prosecution, and a legal entity cannot.
From a complaint about a company to an accusation against a name
This table is our reading of the articles and the ruling above. Judges decide case by case, and the full wording of the message still counts.
| What gets posted | Target | Article 27A risk |
|---|---|---|
| "The leak in block C has gone 3 weeks without a fix from the developer." | A company, with facts anyone can check | Low. A corporation is not "another person". |
| "In my view the manager is slow and the service charge report is unclear." | An organisation, as an opinion | Low |
| "The sales staff there only make empty promises." | A profession or role, no name | Low, unless readers instantly know who is meant |
| "Pak Budi, the residents' association head, pocketed the cash." | A named person, accused of an act | Real if Pak Budi complains. Even proof may not make you safe, so take it to the committee or the police. |
| "Bu Rina at number 12 is having an affair, here's the photo." | An individual, a private matter | High, with no connection to residents' interests |
The middle column shows the pattern. Once a complaint about a company turns into an accusation against one name, the position changes. A director named in a post is still an individual, even though the company itself cannot file.
Is a 200-person residents' group private or public?
The rules are not settled here. A 2021 joint decree on applying UU ITE, signed by the communications minister, the attorney general, and the police chief, says content shared in a closed or limited chat group is not defamation. It also excludes assessments, opinions, evaluations, and statements of fact.
Two caveats. The decree predates Law 1/2024 and was written for the old Article 27(3). It is also only a guideline for law enforcement. We found no member limit in the summaries of the decree we read.
Our view: an eight-person family group is easy to call limited. A residents' group with hundreds of members, where anything can be forwarded in two taps, is a weak shield. Assume everyone in the cluster can read what you wrote, because they can.
Safer wording that still gets the problem fixed
Article 45(7) of Law 1/2024 says the act is not punishable if done in the public interest or out of forced self-defence, and Article 433(3) of the new Criminal Code (KUHP) says much the same. The MK cites the elucidation: criticism is a form of oversight, correction, and advice on matters of public concern. In our reading, a complaint about shared facilities sits closer to that than gossip about a neighbour's marriage. Note that the MK discussed criticism in the context of government policy.
Consumer law helps too. Article 4(d) of Law 8/1999 gives consumers the right to have their opinions and complaints heard. In practice:
- Describe what happened. Date, place, and event. "Water has dripped from the front bedroom ceiling since 12 October" beats "the quality is terrible".
- Separate fact from opinion. Mark opinion as "in my view", and do not guess at motives.
- Name the role and leave out the person when the name is not needed to solve the problem.
- Do not jump to crimes. Words like fraud, embezzlement, or corruption are criminal accusations. If you have doubts about the cash, ask for the report at a residents' meeting.
- Filter personal data. Article 65(2) of Law 27/2022 bans unlawfully disclosing someone else's personal data. ID photos, phone numbers, and named lists of people in arrears should stay out of the group. The household exception is covered in our neighbour CCTV article.
- Send the formal complaint as well. A group only tells other residents. A letter or email to the responsible party is what demands an answer. See our five-stage developer complaint guide, and the warranty claim guide for leaks.
If you are the one accused in the group
Save full screenshots showing the group name, sender, date, and time. Then try the neighbourhood route first: ask for a clarification, ask the admin or committee to step in, or take it to the RT meeting. Bekasi Mayor's Regulation 58/2020 includes neighbour disputes in what these meetings handle, and we describe the steps in our neighbour conflict article.
If that fails, there are two legal routes. The criminal route starts with a complaint to the police, which only the victim or affected person can file. The new KUHP also covers defamation. Article 433(1), for spoken statements, carries 9 months or a category II fine (Rp10 million). Article 433(2), for writing published or posted in a public place, carries 1 year 6 months or a category III fine (Rp50 million). A flyer at the security post looks closer to 433(2), in our reading. Article 441 allows an extra third if information technology was used, and slander under Article 434 carries 3 years or a category IV fine (Rp200 million). Article 440 makes this a complaint offence as well.
The civil route runs through the Civil Code. Article 1372 covers damages and restoring a good name, and Article 1376 says the claim fails if the act was plainly done in the public interest or in forced self-defence.
One limit people miss: the operative part of MK Decision 105 changes the meaning of a phrase in Article 27A and Article 45(4), the UU ITE criminal provisions. A civil lawsuit is a separate route, so a company can still try to sue if it believes false information harmed it.
Frequently asked questions
Can a developer report a resident under UU ITE for complaining?
Article 45(5) says a legal entity cannot file the complaint, and the MK excludes corporations from "another person" in Article 27A. A complaint about a company therefore struggles to fit this article. An accusation against a named person can still be reported by that person.
Is a closed WhatsApp group automatically safe?
Not necessarily. The 2021 decree excludes closed or limited groups, but it was written for the old article and is only a guideline for law enforcement. Treat a residents' group with hundreds of members as an open room.
What is the penalty under Article 27A?
Article 45(4) of Law 1/2024 sets up to 2 years in prison and/or a fine of up to Rp400 million. It is a complaint offence, so prosecution needs a complaint from the victim.
Comparing new clusters?
Ask the Kingspoint team directly about resident complaint channels and estate rules before you decide.
Ask via WhatsAppReferences: Law 1/2024 Articles 27A and 45(4), (5), (7); Constitutional Court Decision 105/PUU-XXII/2024; Law 1/2023 Articles 79, 433, 434, 440, 441; Civil Code Articles 1372, 1376; Law 8/1999 Article 4; Law 27/2022 Article 65; Bekasi Mayor's Regulation 58/2020 Article 27; Joint Decree 229/154/KB/2/VI/2021 as summarised by Republika and Hukumonline (23/6/2021). This article is general information and not legal advice.