Open AccessTINJAUAN YURIDIS TERHADAP PUTUSAN KASUS PENCEMARAN NAMA BAIK DENGAN MENGGUNAKAN SOSIAL MEDIA INSTAGRAM DITINJAU DARI PASAL 310 AYAT (3) KITAB UNDANG-UNDANG HUKUM PIDANA
Author(s) -
Danny Putera Christian,
Dian Andriawan Daeng Tawang
Publication year - 2018
Publication title -
jurnal hukum adigama
Language(s) - English
Resource type - Journals
eISSN - 2747-0873
pISSN - 2655-7347
DOI - 10.24912/adigama.v1i1.2139
Subject(s) - sanctions , paragraph , law , criminal code , political science , action (physics) , impeachment , criminal procedure , criminal law , subject (documents) , normative , forgiveness , legal research , computer science , library science , physics , quantum mechanics , politics
The regulation of defamation is stated in the Indonesia Criminal Code, specifically it’s stated on the article 310. However, the legal rules of defamation by using social media are specifically regulated in Undang-UndangNo.19 Year 2016 About the Amendment of Undang-Undang No.11 Year 2008 About Information And Electronic Transactions. In a thesis that written by the author, the author did an analysis of the actions that have been done by a defendant who deliberately perform an action that meets the element of offense in Article 27 Paragraph (3) of Undang-Undang No.19 Year 2016 on Amendment to Law No. 11 Year 2008 About Information And Electronic Transactions. The acts committed by the defendant shall not be subject to juridical sanctions, since the criminal law also applies the reasons for the criminal offense both for justification and for reasons of forgiveness. The act committed by the defendant in Decision No.1047 / Pid.Sus / PN.JKT.SEL was analyzed as justification because the defendant committed the act to defend himself, as regulated in Article 310 Paragraph (3) of the Criminal Code . The research method whichused by the author is normative research supported by conducting interviews to cyber crime experts.