.

ISSN 2063-5346
For urgent queries please contact : +918130348310

CRIMINAL POLICY TO THE INSULT AND DEFAMATION ACTIONS IN SOCIAL MEDIA BASED ON JUSTICE VALUES

Main Article Content

Gomgom TP. Siregar, Gunarto
» doi: 10.31838/ecb/2023.12.s3.403

Abstract

"Twittering" in social media without considering legal corridor can end up in the realm of law, because twittering can be subject to legal offense. Socialization of Law Number 11 Year 2008 About Information and Electronic Transactions is not well spread. Therefore, there are many people who do not know the articles in the law that can ensnare the unlawful acts. Moreover, the existence of Circular Letter of the Chief of Police of the Republic of Indonesia Number 6 year 2015 regarding hate speech gets controversy in the society. The researcher formulated the problem in this study are: How is criminal policy against insults and/or defamation in Social Media handled based on justice values? This research was based on constructivism paradigm. The research type was descriptive and Prescriptive and used empirical juridical approach method. Primary data collection was done by doing observation and interview, while secondary data were primary legal material, secondary law materials and tertiary legal material. The data analysis used was descriptive qualitative. The results of the study and discussion show that the weaknesses in the regulation of insult and/or defamation in social media in Indonesia, namely: the provisions governing insult and defamation issues are regarded as not giving a strong foundation, from the juridical, philosophical and sociological aspects. It can lead to "multiple interpretations". Is it for the prevention actions, punishment or restraining freedom of expressions? Even the offense of complaint makes Article 27 paragraph (3) UUITE become "rubber article". Article 27 paragraph (3) UUITE is also overlapping (inconsistent) with the 1945 Constitution, Law Number 14 Year 2008 on Public Information Transparency, Law Number 40 Year 1999 About Press, Law Number 8 Year 1999 About Consumer Protection, and Article 310 and Article 311 Penal Code. The excess is the uncertainty of the law in overcoming content that contains insult and/or defamation content on social media. Therefore, the idea of the study is about criminal policies against insult and/or defamation in social media, and also this study is expected to provide input for the improvement of the rule of law in the criminal policy against insult and/or defamation in social media.

Article Details