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Jekson Kipli Lumban Toruan; Jinner Sidauruk

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid development of globalization today facilitates access to information circulating on social media, both positive and negative. This study examines the increasing cases of defamation in the digital age, focusing on legal protection aspects and rehabilitation efforts for victims. The purpose of this writing is to understand the role of the government and law enforcement authorities in addressing defamation offenses. Using a normative legal research method, it is concluded that: 1. To understand the forms of defamation offenses, 2. To determine the rights of victims of defamation. Protection and rehabilitation efforts for one's reputation are crucial in this era, considering the advancements in technology and the widespread occurrence of defamation.

Jekson Kipli Lumban Toruan; Jinner Sidauruk

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of globalization today facilitates access to information circulating on social media, both positive and negative. This study examines the increasing cases of defamation in the digital age, focusing on legal protection aspects and rehabilitation efforts for victims. The purpose of this writing is to understand the role of the government and law enforcement authorities in addressing defamation offenses. Using a normative legal research method, it is concluded that: 1. To understand the forms of defamation offenses, 2. To determine the rights of victims of defamation. Protection and rehabilitation efforts for one's reputation are crucial in this era, considering the advancements in technology and the widespread occurrence of defamation.

Samuel Sadik Lakapu; Kotan Y. Stefanus; Hernimus Ratu Udju

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This research aims to find out and analyze freedom of opinion in social media in Indonesia. This research is a normative research supported by empirical juridical research methods. In this study, the research approach used by the researcher is the Statute Approach, the Comparative Approach, and the Case Approach. The data of this research is sourced from primary data in the form of observations and secondary data in the form of primary, secondary and tertiary legal materials collected using literature studies and observations and this research is analyzed in a qualitative descriptive manner. The results of the study show that (1) Freedom of opinion in social media in Indonesia is an independence in expressing feelings, thoughts, ideas, and expressions in virtual form that is accommodated by digital platforms such as social media but limited by the responsibility to maintain ethics, not harm others, and follow the applicable laws and regulations in Indonesia. (2) The implementation of freedom of opinion in social media in Indonesia still faces problems due to a lack of understanding of the limits of freedom of opinion, especially in social media, such as the spread of misinformation and defamation that can trigger chaos.

Maliki Sirojudin Agani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The issue of criminalizing victims of sexual violence through the use of defamation charges is gaining public attention because it is often used to silence victims who try to share their experiences. This article describes how defamation provisions in the Criminal Code and the Electronic Information and Transactions Law are often used as instruments of Strategic Lawsuits Against Public Participation (SLAPP) directed at victims, making victims even more vulnerable. The study uses a normative approach to assess the effectiveness of legal protection in the Sexual Violence Criminal Law (TPKS Law). The results of the analysis show that the TPKS Law does not explicitly include an anti-SLAPP mechanism, leaving open the possibility for the reported party to file a counter-report against the victim. Studies of the SPI, KPI, and Baiq Nuril cases show a recurring pattern, namely the use of defamation articles as a means of silencing victims and slowing down the process of exposing sexual violence. This article proposes an anti-SLAPP clause based on a progressive interpretation of the anti-revictimization principle in the TPKS Law. This proposal is reinforced by the push for the application of an early dismissal mechanism for reports that show strong indications of intimidation, so that victims receive maximum protection in the legal process.

Mars Akbar Aziz Prakoso; Mirza Elmy Safira; Budi Handayani

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Article 28 I of the Constitution of the Republic of Indonesia mandates that every citizen has the right and everyone has the right to be free from discriminatory treatment and entitled to protection thereof. Many people believe that only women can be victims of harassment. Women and men are both potential victims and the effects they get are the same. MS as a victim of sexual harassment in KPI wrote an open letter on social media about the sexual harassment that happened to her. The open letter then went viral and many social media users began to harass the personal lives of these perpetrators. From here, the perpetrators reported back to MS with allegations of defamation. The incident became the author's background in writing this research by applying normative juridical research methods, namely research that focuses on positive law or the practice of applying norms or rules in legislation. According to Article 310 paragraph (3) of the Criminal Code states that it cannot be punished if the accusation is carried out as a form of defending public interests or defending oneself. While what is known today, MS who tells her condition after being harassed on social media is an attempt to defend herself and reveal the truth.    

Siska Yulia Chandra Eyato; Nur Mohamad Kasim; Sri Nanang Meiske Kamba

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to determine the legal implications of debt collection via social media. This research is normative research with a conceptual approach, which is analyzed descriptively qualitatively. The results of the research show that the legal implications of debt collection from an agreement as fulfillment of performance are viewed from article 1365 of the Civil Code, every act that violates the law and brings loss to another person, requires the person who caused the loss through his fault to compensate for the loss, giving meaning in principle in debt and receivable agreement that has been agreed, if the agreement cannot be implemented by one of the parties then an unlawful act has occurred. In fact, debt collection via social media is not a violation as long as it does not lead to defamation of the debtor. There is a difference between unlawful acts in the context of criminal law and unlawful acts in the context of civil law, namely that more emphasis is placed on the differences in the nature of criminal law which is public in nature and civil law which is private in nature.

Monika Yuliani Mamir Tanar; Deddy R.C Manafe; Adrianus D. Dima

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

Criminal responsibility is the application of the law to the perpetrator of a criminal offense for an act that is contrary to the applicable rules of law. Social media allows anyone to participate in receiving ideas, comments, and information without the limitations of space and time. This triggers the misuse of social media and the lack of ethics in communicating Good name defamation alone is a crime against a person's honor because it is related to insults that result in defaming another person's name. The method of research is empirical law, Anahsis, the regulation of defamation and insult in this case is based on a single indictment that was united by the panel of judges to the defendant, namely Article 45 paragraph (3) jo Article 27 paragraph (3) of Law Number 19 of 20 16. The punishment for the defendant is based on a single charge, namely imprisonment for 3 (three) months where the criminal elements have been fulfilled.

Josep Linsaner Diadema; I Dewa Gede Dana Sugama

Lembaga Pengembangan Kinerja Dosen 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to examine how mediation is used in defamation cases that involve social media. With a normative legal perspective, this study employs a descriptive qualitative methodology. In order to analyze the phenomena and draw conclusions, this study's analysis technique involves looking at phenomena through the lens of already-existing library sources. The study's findings demonstrate how efforts to resolve criminal cases through non-litigation methods such as penal mediation can stifle efforts to resolve cases legally, leading to the imposition of criminal penalties. Keeping in mind that the goal of updating Indonesia's national criminal code is not just to exact revenge or retaliation (retributivism), but rather to resolve or repair the effects of a conflict or crime. In addition, penal mediation as a means of settling cases outside the court (non-litigation) can be a solution to overcoming the problem of overcapacity that is commonly experienced by correctional institutions in Indonesia.

Nur Ikchsan; Siti Kholifah; Fajar Hari Prasetyo

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze effective strategies in optimizing the use of social media, especially the YouTube and Instagram platforms, by students of Syari’ah business law courses. The focus of the research is to identify students' efforts to use social media as a relevant and useful tool in the context of social media business from an Islamic perspective and legal protection issues related to existing YouTube and Instagram social media content. The research method used is qualitative, with strategic analysis through surveys, interviews and observations of Syari’ah business students, especially content owners (Youtubers) and users who actively use YouTube as a medium for uploading content. , Content created by YouTubers is considered copyrighted. The data obtained was then analyzed to explore and document aspects of the Kedungsapur area that were thoroughly researched. The results of this research provide detailed insight into optimizing social media use of Syari’ah   business law students by uncovering unintentional mentions and attributions to certain parties throughout the public domain. This can lead to defamation, which is prohibited in Islam and violates the ITE Law, Islam emphasizes the importance of conveying information accurately and not manipulating or misusing facts. Further findings show that the presence of hackers has an impact on how content creators protect YouTube and Instagram. The meaning of this research can contribute to the development of innovative learning strategies and deepen students' understanding of the application of the law Syari’ah trading in the digital era.

Sutan Fachrezy Damanik; Anwar Sadat

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This thesis aims to find out the prevention of defamation laws according to the law and Islamic law in the city of Medan. Data collection in this study was carried out by means of literature studies and interviews.  In this study, legal data were qualitatively analyzed rules and techniques to satisfy the researcher's curiosity in a juridical symptom or a way to find the truth and acquire knowledge. The results showed that the Application of defamation rules in Article 310-318 of the Criminal Code and ITE Law No. 19 of 2016 amends Law no. 11 of 2008 in handling defamation, in writing, verbally, and hate speech on social media against perpetrators tend to be repressive (use of power outside the corridors of the law). The contribution of law enforcement of criminal defamation by the police to the criminal law, cannot be said to be effective Islamic law has not specifically addressed the types of defamation and penalties so it has not been able to effectively regulate the prevention of defamation in Islamic law. The development of this law regarding defamation does not pay attention to the social dynamics that exist in society. It can be seen from the problem of defamation that many occur through social medicine whose events are still difficult to prove.

Ria Beu; Fence M wantu; Jufryanto Puluhulawa

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The purpose of this research is to determine the demands of prosecutors at the Bone Bolango district attorney's office regarding defamation on social media and to determine the factors that influence the disparity in prosecutors' demands at the Bone Bolango district attorney's office regarding criminal acts of defamation on social media. The research method used is a type of empirical research, namely a legal research method that functions to see the law in real terms and examine how the law works in society. The results of the research obtained regarding the prosecutor's demands at the Bone Bolango District Prosecutor's Office regarding defamation on social media, there is a disparity in the demands therein, where in the same case the level of material is the same, but the prosecution in both cases is too far apart, this is caused by several factors. These include social reasons, trial facts and statutory regulations. The conclusion that there is a disparity in sentences demanded by public prosecutors was never intended to eliminate the difference in the amount of punishment for criminals, but rather to reduce the range of differences in sentences imposed because this disparity which is too far is contrary to justice and law enforcement and has an impact on the wider community.

Stevanno Sebastian Entoh; Sari Mandiana; Jusup Jacobus Setyabudhi

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research discusses the defamation that has been committed by Haris Azhar (HA) and Fatiah Maulidyianti (FM) who in one of their YouTube video uploads entitled 'There is a Lord Luhut Behind the Economic-OPS Military Relations of Intan Jaya!!! General BIN Also There!! NgeHAMtam' has defamed and caused false suspicion against Luhut Binsar Pandjaitan. It is known that HA and FM called Luhut 'lord'. Luhut also said that material losses do not need to be calculated, but morally, accusing me of being a criminal and being called a 'lord' is very detrimental to him and his family. This research will also discuss the defamation by Haris and Fatiah when viewed from the Criminal Code (KUHP), and Law Number 11 of 2008 which has been amended by Law Number 19 of 2016. This research uses normative / dogmatic juridical research methods. This research uses primary legal materials and secondary legal materials as the legal basis for completing this research. This research also uses the Statue Approach (approach through legislation), Conceptual Approach (conceptual approach), and Case Approach (case approach). In the results of this study, it can be concluded that the actions of HA and FM can be categorized as defamation because they have fulfilled the elements of Article 311 of the Criminal Code on slander and Article 318 of the Criminal Code on false suspicion. The advice in the form of legal opinion is that the prosecutor should be able to provide charges to HA and FM related to Article 311 of the Criminal Code on slander and Article 318 on false pretenses because this can later become the basis for the Judge's decision following the prosecutor's indictment.    

Frinawaty Lestarina Barus; Kristina Damai Yanti Simorangkir; Rysta Vara Nurlette; Rahel Yena Br.Kaban

Jurnal Bahasa, Sastra, Budaya, dan Pengajarannya 2023 Pusat Riset dan Inovasi Nasional

This research analyzes one case of defamation committed by a Media Zein celebrity on social media. Medina Zein was charged with article 27 paragraph (3) of Republic of Indonesia Law number 19 of 2016 concerning ITE. Defamation is one of the problems in forensic linguistics that often occurs in the real world and cyberspace. Defamation or defamation can be done verbally and in writing. The aim is to bring down someone’s good name and/or embarrass others. This research uses a qualitative descriptive research method. This research contains a general, clear picture and is based on facts that occur in the field regarding what is being researched. This research uses data analysis in which there is an explanation of the perpetrator and the crime he committed. The results of this research stated that sister Medina Zein was found guilty and sentenced on charges of defamation with a sentence of 6 months in prison.

Christy Evelin; Grasella Ras Maria Br Damanik; Leni Fadia; Quratu Ainil Hilma

Jurnal Riset Ilmu Pendidikan, Bahasa dan Budaya 2023 Asosiasi Periset Bahasa Sastra Indonesia

The social media that is most often used and very liked by Indonesians is Instagram. This research focuses on comments from Indonesian netizens on the Instagram account of a public figure named Fuji, which is currently trending in Indonesia because her vlogs and uploads attract a lot of attention from Indonesian netizens. This research aims to describe hate speech carried out by netizens posted in the comments column of Fuji's Instagram posts. The development of information and communication technology has encouraged the emergence of language crime cases, for example incitement, blasphemy, threats, spreading fake news (hoaxes), bribery, conspiracy, perjury, defamation including slander and insults. This research uses a qualitative descriptive approach using literature review. The results of this research were to find and analyze 5 hate speeches in the comments column of Fuji's Instagram account posts. There are several tweets from netizens which are included in illocutionary speech acts containing hate speech towards the content creator named Fuji Utami Putri on social media.

Gading Hakim Alamsyah Daulay; Karin Hanna Geofani Manullang; Lia Sari Naibaho

Jurnal Riset Ilmu Pendidikan, Bahasa dan Budaya 2023 Asosiasi Periset Bahasa Sastra Indonesia

Today's era of globalization has become one of the media used to express opinions or views. Freedom of opinion, especially on social media, is currently widely misunderstood and abused by the public, because in exercising the right to freedom of opinion, many people carry out actions which result in insults, accusations without evidence and defamation which causes loss, hurt feelings, Mental health even has an impact on suicide situations for certain individuals and groups. The problem in this research is that many social media users give opinions or views that the female artist with the real name Chintya, who is an Indonesian citizen living in Germany or better known as Bunda Corla, is a transgender. This was conveyed clearly on social media Instagram and Tiktok without supporting evidence. This is an activity of defamation, an attempt to influence other people to believe in their opinions or views to the detriment of one party. If we look at the criminal law and violations of the misuse of the right to freedom of expression on social media and the criminal sanctions for criminal acts of defamation under the guise of freedom of opinion, this already refers to 3 crimes, defamation, unpleasant acts and violations of human rights. . Persons involved in defamation cases can be charged with criminal penalties for acts of insult and/or defamation on the internet. Especially for internet users, criminal threats through Article 27 paragraph (3) in conjunction with Article 45 of the ITE Law. Through this provision, internet users can also be subject to coercive measures considering the maximum penalty is 5 years in prison. The method used in research is the literature method, data collection techniques in the form of documentation and observation. Data from observations is in the form of screenshots from social media. The results of this research show that; comments on social media are included in several violations of existing laws in Indonesia, the ITE Law article 45 paragraph 1, the Defamation Law articles 310 and 311 of the Criminal Code; Threat of Criminal Defamation in the ITE Law Article 27 paragraph (3) in conjunction with Article 45. Source of material Instagram, TikTok, primary and secondary law. This research concludes that freedom of opinion is not absolute freedom, but rather, opinion must be in accordance with ethics and norms in society and in accordance with legal regulations without harming any party. and these unpleasant acts can be prosecuted in accordance with applicable legal provisions. Freedom of opinion on Instagram and Tiktok media aimed at Mother Corla has been proven to be defamation.

Suhermita Sihombing; Vanita Deben Simanjuntak; Yoga Baheramsyah

Jurnal Ilmu Sosial, Bahasa dan Pendidikan 2023 Pusat Riset dan Inovasi Nasional

This article presents the results of an analysis of the alleged defamation case of Marissa Icha by Medina Zein. As a form of forensic linguistics study, the data in this research was analyzed descriptively-analytically using semantic and pragmatic approaches. This research found that 1) semantically, the defendants indicated that they intended to commit acts of insult and/or defamation. 2) pragmatically, the majority of these utterances fell into the form of expressive illocutions, especially to show anger or simply the personal opinion of the defendant, and thus, 3) these speeches can be said to have the potential to violate article 27 paragraph (3) of the ITE Law and articles 310 and 311 of the Criminal Code

Suhermita Sihombing; Vanita Deben Simanjuntak; Yoga Baheramsyah

Jurnal Nakula : Pusat Ilmu Pendidikan, Bahasa dan Ilmu Sosial 2023 Asosiasi Riset Ilmu Pendidikan Indonesia

This article presents the results of an analysis of the alleged defamation case of Marissa Icha by Medina Zein. As a form of forensic linguistics study, the data in this research was analyzed descriptively-analytically using semantic and pragmatic approaches. This research found that 1) semantically, the defendants indicated that they intended to commit acts of insult and/or defamation. 2) pragmatically, the majority of these utterances fell into the form of expressive illocutions, especially to show anger or simply the personal opinion of the defendant, and thus, 3) these speeches can be said to have the potential to violate article 27 paragraph (3) of the ITE Law and articles 310 and 311 of the Criminal Code

Shada Fadhilah Ginting; Siti Hadijah; Siti Hasanah Nasution; Frinawaty Lestarina Barus

Jurnal Nakula : Pusat Ilmu Pendidikan, Bahasa dan Ilmu Sosial 2023 Asosiasi Riset Ilmu Pendidikan Indonesia

Social media is used by people from various groups to communicate and become a forum for conveying their ideas and thoughts about this information. Communicating on social media can have negative impacts that are detrimental to certain people or certain parties, such as defamation of someone's good name and hate speech. This research aims to describe the form and meaning of hate speech against comic Kiki Saputri on Twitter social media. This research uses a qualitative descriptive method. Data collection was obtained from screenshots of the owners of these tweets which were uploaded and spread across various social media pages. From this research, there is data on hate speech from netizens' tweets typed via Kiki Saputri's Twitter social media comments. This research concluded that there were seven speech acts containing hate speech towards Kiki Saputri found in this research, namely insulting hate speech. Most of the tweets on Twitter are insulting and express annoyance, expressing dislike, criticizing, cursing, using harsh words and speech expressing dislike and annoyance with the subject of discussion.

Annisa Pratiwi; Fatiya Cahya; Leony Silitonga

Jurnal Nakula : Pusat Ilmu Pendidikan, Bahasa dan Ilmu Sosial 2023 Asosiasi Riset Ilmu Pendidikan Indonesia

This research aims to analyze the speech acts of defamation perpetrators on YouTube social media carried out by Haris Azhar and Fatia Maulidiyanti towards Luhut Binsar Panjaitan. The method used in this research is descriptive qualitative to see how the language used by speakers in YouTube social media content entitled 'There is Lord Luhut behind the Intan Jaya Military Economic-OPS Relations' in pragmatic studies. Data collection was carried out using the note-taking method and then classifying the types of speech acts produced. The results of the research showed that there were 10 data which included 1 declarative illocutionary speech act, 5 representative illocutionary speech acts, 2 locutionary speech acts, and 2 expressive illocutionary speech acts.

Alisya Ivanna Insyira; Risca Selfeny; Taufiqqurahman Syahuri

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

One of the main pillars of effective democracy is freedom of speech, which allows everyone to express their opinions and perspectives freely without fear of facing repressive actions or unjustified barriers. Everyone is entitled to the freedom of association, assembly, and speech, as stated in Article 28E (3) of the 1945 Constitution. The aim of this research is to study the legal aspects of the existence of hate speech on social media. This study examines the current legal framework governing freedom of speech and efforts to protect human rights in relation to racial harassment by reviewing existing legal regulations. The research method employed is literature review (bibliographical study). In legal research, the normative jurisprudence method is based on legal provisions such as human rights books' regulations, as well as information from research journals related to the research subject. Initial research findings suggest that hate speech is not a form of freedom of speech, and society should not respond to hate speech with more hateful speech. Instead, they can report hate speech content to the Ministry of Communication and Informatics for removal. The Information and Electronic Transactions Law (ITE Law) can serve as a resolution due to the existence of hate speech on social media by proving the occurrence of hate speech, whether it involves defamation or hate speech against Ethnicity, Religion, Race, or Inter-group relations.   Keywords: HAM, ITE Law, Hate Speech