PAKPAHAN, JUNTRIYONO (2024) Pertanggungjawaban Pidana Perbuatan Ujaran Kebencian Yang Berkonten SARA Dalam Perspektif Peraturan Perundang-Undangan. Journal of Law Education and Business, 2 (2). ISSN E-ISSN: 2988-1242 P-ISSN: 2988-604X
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Abstract
CRIMINAL RESPONSIBILITY FOR ACTORS OF HATE SPEECH BASED ON LEGISLATION REGULATIONS ABSTRACT Purpose of the study were: 1)To explain and analyze the actions of perpetrators of criminal acts of hate speech as a basis for criminal responsibility. 2)To understand and analyze ways to determine the criminal errors and sanctions of criminal acts of hate speech to be criminally accountable. With these Objectives, the problems discussed are 1)How do Acts of Criminal Acts of Hate Speech As the Basis of Criminal Liability! 2) How to Determine Criminal Errors and Sanctions for Actors of Criminal Cases of Criminal Examination to be Criminally Accountable? With the formulation of the problem, the research method used is normative juridical research with a statutory approach, conceptual approach, historical approach and case approach. Legal materials collected are: primary legal materials, secondary legal materials and tertiary legal materials. Analysis of legal material collected was done by means of inventory techniques, systematization techniques and interpretation techniques. The results of the study show that: 1) Acts of Criminal Acts of Hate Speech as a Basis of Criminal Liability have been regulated in Articles 156, 157, 310, and 311 of the Criminal Code, Article 28 paragraph (2) Jo Article 45A paragraph (2) Law of the Republic of Indonesia Number 19 Year 2016 concerning Amendments to Act Number 11 Year 2008 concerning Information and Electronic Transactions, and Article 16 of Act Number 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination. 2) How to Determine Errors and Penal Sanctions Perpetrators of Hate Speech Crime To Be Accounted for Criminally that is proof at the court session by examining and matching the actions of criminal offenders with elements of the charged article (Objective elements and elements which subjective, and consider justification reasons such as the formulation of norms Article 48, Article 49, Article 50 and Article 51 of the Criminal Code, and forgiving reasons, namely as stated in Article 44 of the Criminal Code recommend to legislators: 1)To make Laws concerning Special hate speech crimes, so that they are easily understood by the public. 2)To law enforcers should be very careful in upholding the law of criminal acts of hate speech and continually disseminating as a preventive measure to the public regarding Article 28 paragraph (2) Jo Article 45A paragraph (2)) Law of the Republic of Indonesia Number 19 Year 2016 Regarding Amendments to Act Number 11 Year 2008 concerning Information and Electronic Transactions. Keywords: Criminal Accountability, Actors, Hate Speech
| Type: | Article |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | Jun Triono Pakpahan |
| Date Deposited: | 16 Jul 2024 08:09 |
| Last Modified: | 16 Jul 2024 08:09 |
| URI: | https://repository.unja.ac.id/id/eprint/68201 |
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