How to Send a Somasi Without a Lawyer for an Insulting or Defamatory Post in Indonesia

A somasi is a formal written warning. You do not need to be a law firm or a notary to send one about a post that insulted or defamed you. These are the seven steps I followed, with what I would do differently.

This guide is not legal advice. I am not a lawyer. It describes my own process and my reading of the law. Check current law and talk to an advocate before you rely on it.

1. Capture the post properly

Take a screenshot that shows the account name, the handle, the full text, the date, the likes and shares. Note the URL and the time you took it. Save the file. If the post is deleted tomorrow, this is what you have.

2. Make sure you can be identified

An insult must be about someone. A name is not required: initials, a nickname or the context can be enough if readers would know who it means. Write down why a reader would link the post to you. Do not rely on a search tool's summary as proof. At most it shows the phrase points your way.

3. Split opinion from claims of fact

Go through the post sentence by sentence. Mark each as: a view on an idea, an insult, or a claim about something that happened. A view on an idea is usually fair, and I would not attack it. An insult and a false claim of fact are different problems and need different arguments.

4. Pick the law that is in force

The 2023 Criminal Code (UU No. 1 Tahun 2023) has applied since 2 January 2026, so I based my notice on it, not on the older online-defamation provisions. The articles I used were 433 (defamation), 434 (slander), 436 (minor insult) and 441 (extra penalty when done through information technology). These offences are complaint offences under Article 440, with a complaint deadline of six months under Article 29. A civil claim can rest on Articles 1365 and 1372 of the Civil Code. Check each of these before you cite them.

5. Set demands you can explain

Mine were: delete the post, publish a public apology kept up for thirty days, stop the remarks, and pay a sum. I tied the sum to a stated formula and explained it. If you cannot explain a number, do not use it. A smaller demand that a reader sees as fair is stronger than a large one that looks like a threat.

6. Give a deadline and a way to answer

Give a short window to confirm receipt and a longer window to comply. Give an email address and offer a settlement route. Send it by email so you have a time stamp, and keep a copy of the sent message.

7. Be honest about who you are

Say you act for yourself. Do not use "legal office" branding. If a reader later calls you "not a law firm", you can say "correct". I did.

What I would do differently

• Cut the letter shorter. Mine is long, and the shorter a letter is, the more likely it is read.
• Offer a call first. Not everything has to be a letter.
• Wait a day before sending anything angry.

What a somasi cannot do

It cannot force anyone to answer, and it is not a court order. It does not stop the other side from replying in public. It is a record that you gave a fair chance to put things right.

Related

See the deadlines in my own notice and where I draw the line between criticism and insult.

Published by Rahmat Wibowo, InfraLoka — infraloka.co.id

#ProfessionalBlacklist #Somasi #Guide #KUHP