18/08/2026
LEGAL BASIS FOR FOREIGN NATIONALS / UNHCR REFUGEES
WHO ARE VICTIMS OF BULLYING IN INDONESIA
The primary legal basis guaranteeing that Foreign Nationals (WNA) can report criminal acts in Indonesia is the TERRITORIAL PRINCIPLE adopted in Indonesian criminal law, as stipulated in Article 4 of the New Criminal Code (KUHP) and Article 3 of the Old Criminal Code.
The text of Article 4 of the New Criminal Code reads:
“Criminal provisions in the Law apply to EVERY PERSON who commits:
• a. A criminal act within the territory of the Unitary State of the Republic of Indonesia (NKRI);
• b. A criminal act on an Indonesian ship or aircraft; or
• c. A cyber or other criminal act the consequences of which are felt within the territory of the NKRI, or on an Indonesian ship or aircraft.”
This means that Indonesian criminal law applies to anyone—whether an Indonesian Citizen (WNI) or a Foreign National (WNA)—who commits or falls victim to a criminal act within the territory of the Unitary State of the Republic of Indonesia (NKRI).
The following are the details of the underlying legal basis:
1. Criminal Code (KUHP)
• Article 2 of the Old Criminal Code (Law No. 1/1946) & Article 4 of the New Criminal Code (Law No. 1/2023): State that criminal provisions in Indonesian legislation apply to every person who commits a criminal act within Indonesian territory. The term "every person" encompasses both Indonesian citizens and foreign nationals.
2. Criminal Procedure Code (KUHAP - Law No. 8/1981)
• Article 1 point 24 of the KUHAP: Regulates the right to report. A report is a notification submitted by "a person"—by virtue of a right or obligation under the law—to an authorized official regarding a criminal event that has occurred, is occurring, or is suspected to occur. The law does not restrict the term "a person" solely to local citizens. [8, 9, 10]
• Article 108 paragraph (1) of the Criminal Procedure Code (KUHAP): Affirms that any person who experiences, sees, witnesses, and/or becomes a victim of an event constituting a criminal offense has the right to submit a report or complaint to an investigator (preliminary or full investigator).
3. Human Rights Law (Law No. 39/1999)
• Article 3 paragraph (2): States that every person is entitled to recognition, guarantees, protection, and fair legal treatment, as well as legal certainty and equal treatment before the law.
• Article 85: Affirms that every foreigner present within the territory of the Republic of Indonesia is obliged to comply with Indonesian laws and regulations, and conversely, they are also entitled to receive equal legal protection.
4. Constitutional Court (MK) Ruling
• Constitutional Court Ruling Number 111/PUU-XIII/2015: The Constitutional Court affirmed that the phrase "every person"—in the capacity of a victim possessing the legal right to report or file a complaint—encompasses all human individuals, including foreign nationals whose legal rights have been infringed upon within Indonesian territory.
The act of disseminating or publicly shaming photos of foreign nationals (WNA) on social media by Indonesian citizens (WNI) constitutes an unlawful act. Perpetrators may face criminal charges for defamation or insult committed via electronic systems under the Electronic Information and Transactions Law (UU ITE) and the Criminal Code (KUHP).
Legal Aspects in Indonesia
• UU ITE Provisions: Acts attacking another person's honor or reputation by making allegations on social media are governed by regulations regarding electronic defamation (such as Article 27A in conjunction with Article 45 of the ITE Law), which carry penalties of imprisonment and fines.
• Complaint-Based Offense: Defamation is a complaint-based offense (*delik aduan*), meaning that police legal proceedings can only commence if the victim (the foreign national in question) files an official report or complaint.
• Legal Protection for Foreign Nationals: Indonesian law applies to everyone within Indonesian territory—whether Indonesian citizens or foreign nationals—ensuring that rights to privacy and honor are protected regardless of citizenship.
Steps Foreign National Victims Can Take
• Gathering Evidence: Saving screenshots of the posts, links to the uploader's account, and any damaging comments.
• Reporting to the Police: Filing an official report at a local police station (such as the Cyber Crime Investigation Directorate), accompanied by an interpreter or a representative from the victim's embassy if necessary.
Foreign nationals holding refugee status under the United Nations High Commissioner for Refugees (UNHCR) retain the full right to report criminal acts committed against them on social media to the Indonesian National Police (Polri). Although Indonesia has not ratified the 1951 Refugee Convention, its national criminal law adheres to the Territorial Principle; this means that anyone within Indonesian territory is subject to Indonesian law and, conversely, is entitled to equal legal protection if they become a victim of a crime.
The following are the requirements, documents, and procedural adjustments applicable when the victim is a UNHCR-recognized refugee:
1. Passport/KITAS Substitutes
Since refugees generally do not possess a passport or an official residence permit (KITAS) issued by Indonesian Immigration authorities, the primary documents used to satisfy the complainant's identification requirements are:
• A UNHCR Refugee Card or an "Under Consideration Certificate" (for asylum seekers whose status is still being processed).
• Other supporting documents from an Immigration Detention Center (Rudenim) or a local Immigration Office, if available (e.g., a letter confirming shelter placement).
2. Coordination with UNHCR
• Refugees are required to report the incident to UNHCR Indonesia via official complaint channels or through their field implementing partners.
• UNHCR will conduct a risk assessment regarding the refugee's safety and coordinate institutionally with police units and the Directorate General of Immigration of the Republic of Indonesia to ensure the refugee does not face further intimidation or mishandling of immigration matters as a result of the report.
This Legal Opinion has been prepared accordingly; hopefully, it proves useful. Thank you.
Fiat Justitia Ruat Caelum
www.adv-akmal.legal
