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The commencement of Indonesia's National Criminal Code and the 2025 Criminal Procedure Code on 2 January 2026 has reshaped the legal framework for handling defamation cases involving electronic media. This legislative development also establishes a statutory foundation for resolving eligible cases through restorative justice. This study examines the legal framework governing electronic defamation, evaluates its compatibility with restorative procedures, and formulates an implementation model that prioritizes victim redress while safeguarding freedom of expression. A normative legal research design is employed, incorporating statutory, conceptual, and case approaches. Primary legal materials consist of legislation and Constitutional Court rulings, while secondary materials are drawn from relevant academic literature. The collected materials are examined qualitatively through grammatical, systematic, and teleological interpretation, followed by prescriptive legal reasoning. The analysis indicates that electronic defamation cases may qualify for consideration under Article 80(1) of the 2025 Criminal Procedure Code, provided that all applicable statutory requirements are satisfied. Nevertheless, four substantive challenges remain: the transitional status of Article 27A of the Electronic Information and Transactions Law, the assessment of public-interest and self-defence exceptions, the limited capacity of existing remedies to address persistent digital traces, and unequal bargaining positions between the parties. To address these concerns, the study develops a six-stage implementation framework comprising legal screening, eligibility assessment, voluntary consent, the formulation of restorative measures, implementation and verification, and judicial oversight.
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Ropi'i et al. (2026) studied this question.
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