Commission III to Socialise New Criminal Code Provisions to All Police Stations Following Nabilah O'Brien Case

JAKARTA — The House of Representatives’ Commission III will socialise the provisions of the new Criminal Code to police forces throughout Indonesia following the controversy surrounding the defamation case involving celebrity and restaurant owner Nabilah O’Brien.

Habiburokhman, Chair of Commission III, stated that further adjustments are necessary in the application of the new Criminal Code, particularly regarding provisions relating to the element of intentionality in criminal offences.

“There is a significant provision in the new Criminal Code—Article 36—which essentially stipulates that there can be no criminal liability without the fulfilment of the element of intentionality,” Habiburokhman said at the House of Representatives building on Monday 9 March 2026.

He explained that the provision in Article 36 of the new Criminal Code is particularly relevant in cases relating to speech, such as defamation.

According to Habiburokhman, the assessment of any statement cannot be separated from the intention or purpose of the person making it.

“Article 36 becomes increasingly relevant in relation to what—defamation cases or speech-related matters. It is difficult to assess speech. Something someone says could be assessed as, what do you call it, insulting language for example. But it turns out their intention was not that,” he said.

He noted that the posting of CCTV footage was not intended to humiliate anyone, but rather to identify the person responsible for a theft at the restaurant.

“It is similar to the case of Ms Nabila. She posted the CCTV footage not to humiliate, but to identify who this person was because she was a theft victim. This is protected under Article 36 and also Article 12,” Habiburokhman said.

For this reason, Commission III plans to conduct direct socialisation with law enforcement personnel in the regions to ensure they understand not only the wording of the provisions, but also the spirit of the new Criminal Code.

“Commission III will conduct socialisation because the law is not just about the wording of the articles but the spirit behind them. Because we drafted it, so we are working together to ensure that,” Habiburokhman said.

It was previously reported that Nabilah was designated as a suspect in an alleged defamation and slander case following a report made by a customer of her restaurant, Zendhy Kusuma. Zendhy was allegedly unable to pay for a large food order at Bibi Kelinci restaurant.