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International Journal of
Law
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VOL. 8, ISSUE 4 (2022)
The principle of proportionality in the formulative policy of the crime of damage in social media
Authors
Nanda NZ
Abstract
Proportionality in a criminal defamation policy on social media is very important so that there are no individual conflicts from the community and the creation of fair policies. The main discussion of this research is whether the formulative policy of criminal defamation in social media is in accordance with the principle of proportionality. The research method used by the author is included in the type of normative juridical research, namely an approach by examining legislation and legal theory in Indonesia, Source the data used includes primary and secondary, primary data is a source of data that is directly related to the object of research, namely the law in particular Law Number 19 of 2016 amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, secondary data is a source data describing primary legal materials which are the result of legal expert thought, namely books, scientific works, literature to electronic data sources. The data collection method in this study uses library research techniques. The data analysis used was descriptive qualitative. The results of this study are first, there is a contradiction between the criminal law policy of defamation on social media and the regulation on freedom of opinion and expression as regulated in Article 28 E and F of the 1945 Constitution, secondly, the policy of criminal sanctions for defamation on social media is too high. based on comparisons that refer to defamation sanctions in the Criminal Code and several court decisions on defamation cases on social media.
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Pages:241-246
How to cite this article:
Nanda NZ "The principle of proportionality in the formulative policy of the crime of damage in social media". International Journal of Law, Vol 8, Issue 4, 2022, Pages 241-246
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