kebijakan hukum pidana terhadap tindak pidana penghinaan dan/atau pencemamaran nama baik melalui media sosial menurut peraturan perundang-undangan

husairi, ahmad (2022) kebijakan hukum pidana terhadap tindak pidana penghinaan dan/atau pencemamaran nama baik melalui media sosial menurut peraturan perundang-undangan. S2 thesis, magister ilmu hukum.

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Abstract

Through criminal law policies to provide protection for users and providers of information technology from cybercrime, the government drafted and ratified Law no. 11 of 2008 concerning Information and Electronic Transactions (UU ITE). This law further emphasizes the existence of Indonesia as one of the countries that is serious in fighting cybercrime. However, in practice, this Law has become a rule that shackles the implementation of freedom of expression. This is because of the existence of Article 27 paragraph (3) which regulates criminal acts of insult/defamation as part of cybercrime. In fact, the act of humiliation has been regulated explicitly, clearly and concretely in the Criminal Code and the Civil Code. In legal politics, it is not easy to define an act as a criminal act and must first go through several in-depth study processes. The problems discussed are: 1) what is the criminal law policy towards criminal acts of insult/defamation via the internet in Indonesia? 2) How is the guarantee of the protection of freedom of expression on the internet related to the existence of criminal acts of insult/defamation in the ITE Law? This research is a normative juridical research with a doctrinal legal research approach. As a normative system, the law must be viewed comprehensively such as principles, norms and meta norms. The policy of criminal law against criminal acts of humiliation in cyberspace is actually a duplication of the provisions of insults regulated in the Criminal Code, this is clearly contrary to the principles of lex scricta and lex certa. Making the criminal act of humiliation a cybercrime with a relatively heavier penalty does not provide a deterrent effect but instead creates a chilling effect on freedom of opinion and expression. Removing Article 27 paragraph (3) in the ITE Law is a choice that the Government needs to make by implementing a return to balance conditions for criminal acts of humiliation in the form of recovering one's good name and applying compensation that needs to be associated in the Criminal Code Bill related to the punishment of insults.

Type:	Thesis (S2)
Subjects:	L Education > L Education (General)
Divisions:	Pascasarjana > Ilmu Hukum
Depositing User:	HUSAIRI
Date Deposited:	27 May 2022 08:23
Last Modified:	27 May 2022 08:23
URI:	https://repository.unja.ac.id/id/eprint/33939

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