TINDAKAN ROASTING DALAM STAND UP COMEDY DALAM PERSPEKTIF HUKUM POSITIF TERHADAP PENCEMARAN NAMA BAIK

Abstract

Roasting, as a form of stand-up comedyart, often sparks debates regarding its legal and ethical boundaries, especially when the subject being roasted feels personally harmed or their reputation tarnished. This study aims to analyze whether roasting can be categorized as defamation under Indonesia's positive law. Using a qualitative approach, this research examines legal provisions in the Indonesian Penal Code (KUHP) and the Electronic Information and Transactions Law (UU ITE) concerning defamation. The findings reveal that roasting can be classified as defamation if it meets the subjective and objective elements outlined in Articles 310 and 311 of the Penal Code and Article 27 Paragraph (3) of the UU ITE. However, the context of art and humor may serve as a consideration in legal proceedings. This study underscores the importance of balancing freedom of expression with respect for human rights, particularly the right to honor and reputation. The findings aim to provide insights for artists and the public in understanding the legal implications of roasting actions. Keywords: roasting, defamation, positive law