Kebijakan hukum pidana terhadap tindak pidana penghinaan / pencemaran nama baik melalui media sosial

Makhali, Imam (2021) Kebijakan hukum pidana terhadap tindak pidana penghinaan / pencemaran nama baik melalui media sosial. Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

In the interaction of society, legal rules are needed to regulate relationships among others, technology as a means of communication has the potential to give birth to crimes called cyber crime. Article 27 paragraph (3) Number 19 of 2016 concerning the Law on Information and Electronic Transactions has not provided fair legal protection and touches the human value of perpetrators, this research examines policies and protection of criminal law against criminal acts of defamation / defamation through the media. social, because there is a conflict between the ITE Law and the Criminal Code, this research is to analyze and find policies and protection of criminal law against criminal acts of defamation / defamation through social media. Based on the background description above, it can be stated as follows: What is the criminal law policy against criminal acts of defamation / defamation through social media? How is the legal protection for perpetrators of criminal acts of defamation / defamation through social media based on restorative justice? This research uses a type of Normative legal research with a Statute Approach, a Conceptual Approach and a Philosophical Approach. Using primary and secondary legal materials. The technique of collecting and processing legal materials, begins with literature study, identifies legal material on theories, concepts, principles or legal principles, uses reasoning, interpretation, and coherent argumentation. Criminal law policy in criminal acts of defamation / defamation through social media is a rational effort in overcoming crime, preventing criminalization, using penal and non-penal means. The ITE Law is an Administrative Criminal Law, its application as a rubber article, multiple interpretations, is coercive. Protection and law enforcement because Article 27 paragraph (3) of the ITE Law for complaintoffenses has Article 310 of the Criminal Code against prosecution must get the consent of the victim, Through Restorative Justice, insult / defamation gives more sense of justice in accepting the interests of victims and perpetrators, in cases that have a wide impact, such as speech of hatred and sara, it is necessary to enforce the law right down to the court, but punishment is the last instrument as an ultimum remedium. Key words: Criminal law policy. Insult / defamation. Restorative justice.

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