Has your business reputation been destroyed overnight by fake reviews? Has your good name been smeared by slander in a WhatsApp group? Or have your personal data been spread by rogue online-loan (pinjaman online, or pinjol) operators to terrorise you? Many people feel powerless and think the only option is to report the matter to the police. But there is another route that is often overlooked: suing the wrongdoer directly for financial compensation.
The legal basis existed long before the internet became popular — perbuatan melawan hukum (PMH, an unlawful act, the civil-law equivalent of a tort), governed by Article 1365 of the Kitab Undang-Undang Hukum Perdata (KUH Perdata, the Indonesian Civil Code). That article says that every unlawful act which causes loss to another person obliges the wrongdoer to compensate that loss.
The power of this article lies in its broad interpretation. “Unlawful” does not only mean breaking a statute; it also covers acts that run against another person’s rights (such as the right to reputation and privacy), against morality, and against the propriety and care expected in society. This is the legal bridge that lets you seek justice for harm you suffer online.
Digital Wrongs You Can Sue Over in a Civil Court
A civil (PMH) claim aims to restore your loss, unlike a criminal complaint (under the UU ITE, the Electronic Information and Transactions Law) which aims to punish the wrongdoer. Here are several digital acts you can sue over to claim compensation.
- Damage to business and personal reputation (defamation)
A single negative post, a fake review, or a malicious comment on social media can destroy a reputation built over years. Although Article 27 paragraph (3) of the UU ITE covers the criminal side, you are entitled to file a separate civil claim to seek compensation for the damage to your image and the financial loss it caused. The pesugihan (ritual wealth-seeking) accusations against the businesses of a well-known public figure are a real example of how online slander can cause business losses that can be sued over.
- Losses caused by hoaxes and disinformation by influencers
Spreading false news that harms consumers is prohibited by Article 28 paragraph (1) of the UU ITE. This also opens the door for victims to sue an influencer or affiliate marketer who promotes bogus products or investments without adequate verification. They can be treated as having breached the principle of “propriety and care” and can be sued to compensate the financial loss suffered by their followers.
- Doxing and sharing personal data without consent
Doxing — spreading someone’s personal data without consent in order to terrorise or humiliate them — is a serious violation of the right to privacy guaranteed by the UU Pelindungan Data Pribadi (UU PDP, the Personal Data Protection Law). The practice of pinjol debt collectors spreading a borrower’s data is the most common example. A doxing victim can file a PMH claim to seek compensation not only for material loss (if the data was used to defraud), but also for immaterial loss — the fear, anxiety, and psychological terror they experienced.
Building a Strong Digital PMH Claim
To win a claim, you must prove four mandatory elements in court.
- An unlawful act exists: show the wrongdoer’s specific act (for example, a defamatory post on Instagram).
- Fault exists: prove the wrongdoer acted intentionally or negligently (for example, failing to verify information before spreading it).
- Loss exists: detail the loss you suffered, both material (falling revenue, recovery costs) and immaterial (stress, shame, a damaged reputation).
- A causal link exists: prove that your loss was caused directly by the wrongdoer’s act.
Digital Evidence and Calculating Your Losses
The good news is that the UU ITE recognises electronic evidence — screenshots, URLs, and conversation recordings — as valid evidence. But make sure you preserve its authenticity. Save the original links, screen-record content that could disappear, and if needed, use witnesses who also saw the content.
When claiming compensation:
- Material loss: gather concrete evidence such as financial statements showing a drop in income, and receipts for the costs you incurred to recover.
- Immaterial loss: although it is hard to measure, describe in detail the inner suffering, shame, and stress you experienced in your statement of claim. Do not just name a figure. Supporting evidence such as a letter from a psychologist can strengthen your claim.
Practical Steps If You Become a Victim
If you become the target of a digital attack, do not panic. Take the following steps:
- Document everything, right away. Time is key. Take screenshots, save URLs, and screen-record harmful content before the wrongdoer deletes it.
- Send a legal warning (somasi). Before going to court, send a somasi (a formal legal warning letter) through a lawyer. This is an effective way to demand that the wrongdoer remove the content and apologise, and it often resolves the matter more quickly.
- Do not get into a war on social media. Hitting back only muddies the situation and can damage your image further. Let the legal process run.
- Consult a specialist lawyer. Digital PMH cases are complex, sitting at the overlap of civil law, the UU ITE, and the UU PDP. You need a lawyer who understands the dynamics of digital proof and can build the right legal strategy.
Need Legal Help?
Facing a digital dispute calls for special expertise. You need a legal partner who understands not only civil law but also technology and the ins and outs of the UU ITE and the UU PDP. For clients across Purbalingga, Banyumas, Banjarnegara, Purwokerto, and Cilacap, Advokat Luthfi is ready to help you weigh the strength of your case, build a strategy, and fight for your right to justice and compensation. Your first consultation is free.