Legal reconstruction of humiliation and defamation criminal acts through social media based on justice value
Nanung Nugroho Indaryanto, Sri Endah Wahyuningsih, Anis Mashdurohatun
The purposes of this study are to analyze and find reasons for law enforcement against criminal acts of humiliation and/or defamation through social media and how to reconstruct it based on justice value in the research that uses an normative-juridical approach where The data collection method used is sourced from secondary data and primary data which was carried out using qualitative analysis methods. The results of the study show that the regulation on humiliation and defamation is basically a limitation on the right to freedom of expression which is realized by accusing someone of having committed a certain act. However, the definition of defamation and its derivative actions cannot be found in a definitive setting in Indonesia. and in order to understand this, then it must refer to the formulation of criminal offenses in the Humiliation and defamation Chapter in the Criminal Code. Although the criminal acts of humiliation and or defamation through social media in the Central Java Police Legal Area are quite low due to public awareness of the emergence of the ITE Law. They are still people that are wrongly accused. therefore the Efforts to formulate policies in the future related to criminal acts of defamation must still be carried out where the reconstruction as intended is in Article 27 paragraph (3) of the ITE Law which prohibits the distribution of electronic information and/or electronic documents containing humiliations and/or defamation where the importance of setting affirmation of boundaries, juridical qualifications as well as regarding what is meant by a criminal act of defamation and what acts are the justification for a criminal act of defamation must be added in the explanation of the article.
Nanung Nugroho Indaryanto, Sri Endah Wahyuningsih, Anis Mashdurohatun. Legal reconstruction of humiliation and defamation criminal acts through social media based on justice value. International Journal of Law, Volume 8, Issue 6, 2022, Pages 10-14