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Pulmer Situmeang; Sagung Putri M. E. Purwan

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to examine the Implementation of Punishment related to Contempt and Defamation in Law Number 19 of 2016 concerning ITE (Electronic Information and Transactions). The presence of this law was initially expected to be able to answer the challenges of the times by containing a criminal formulation of individual legal relations through social networks. However, Article 27 Paragraph (3) on Contempt and Defamation is actually a rubber article that is multi-interpreted and negatively affects free speech. It is studied using normative methods and focuses on the applicable law and connects it through legal concepts to analyze legal issues. From the results of the research that has been studied, it shows that the use of absolute offenses can make ITE cases increase and there must also be revisions in some articles of defamation tend to be used multi-interpretation with the subjective authority of law enforcement officials to promote freedom of expression in public.

Randi Gunawan; Aka Kurnia

Harmoni: Jurnal Ilmu Komunikasi dan Sosial 2023 International Forum of Researchers and Lecturers

This research analyzes social criticism in the lyrics of the song "Revolusi" by Dery Firmansyah (Defamation). The lyrics of this song serve as a medium for the creator to express their critical message towards the government. The research adopts a qualitative method and applies the Van Dijk Model as a framework for critical discourse analysis, particularly in understanding the structure and production processes of the text. Through discourse analysis, the study examines the elements of criticism related to the lyrics that function as a medium for criticizing the government. The main theme of the lyrics is to critique the prevailing issues at that time. The findings of the research indicate that lyrics can be used as a medium for social criticism, as evidenced by the macro structure, superstructure, micro structure, social cognition, and social context identified through text analysis.

Muhlizar Muhlizar; Nelvitia Purba; Daniel Bahari Sihombing

Sinov : Media Informasi Penelitian Kabupaten Semarang 2023 Badan Perencanaan Pembangunan, Riset dan Inovasi Daerah Kabupaten Semarang

Freedom is indeed guaranteed by the constitution but the freedom in question also has limits because freedom also concerns human rights. In short, human rights (HAM) on the one hand and Human Obligations (KAM) on the other. Facts that develop in court, facts are often found that have not been revealed in the minutes of investigation or prosecution which will be revealed in court. They feel pressured when facing or undergoing examination at the investigator level and they dare to speak out in court because they feel free to speak and feel protected. Thus the rights of the entire community receive legal protection from the negative effects of abuse of social media freedom. According to the court's decision, if a person is found guilty, he must carry out the decision, but if he is not considered guilty, according to the court's decision, he must receive rehabilitation.

Rifaldi, Aditya; Suliantoro, Adi

DINAMIKA HUKUM 2023 Universitas Stikubank

The background of this thesis is that it starts from the rapid growth of information technology-based lending service providers, apparently not balanced with adequate education to the public, causing various effects / risks that arise from the many kinds of online loans and there are still many unregistered or illegal organizing companies found as well as the potential for leaking user personal data that can be misused by the organizing company or another party One of the platforms is the Smart Credit App.   The problems that the author raises in this study are How to Arrange Online Loans on the Smart Credit Application, How are the Losses arising from online borrowing of the Smart Credit Application and How is the Responsibility of the Smart Credit Application for Losses from Customers. The research method used by the author in answering problems is Normative Juridical Research where the author tries to examine problems with existing legal rules and uses the literature study method in collecting existing legal materials. The conclusion of this thesis research is that Online Loans through the Smart “Credit Application in the people of Semarang City are regulated in Article 1320 of the Civil Code which in essence stipulates thatagreements made online must still meet the legal requirements of an agreement. The implementation is regulated in POJK regulation 77/2016 concerning Technology-based Loan Services. Customer protection in online loan agreements can be found in the Consumer Protection Law in article 7 which regulates the Obligations of Business Actors, then Article 8 which regulates things that are prohibited from being done by Business Actors, and Article 18 which regulates the provisions of matters related to the Standard Clause. ITE Law, where in Article 11 and Article 17 of the ITE Law regulates matters related to the validity of electronic agreements, OJK Regulation Number 77 / POJK / 2016 concerning Services of a Loan in the form of Money Based on Information Technology which is regulated through article 18 concerning the Form and Structure of online loan agreements. The disadvantage that often arises from the Smart Credit Application is the dissemination of personal data carried out by the Smart Credit Application because the Debtor does not make payments on time, so the debt Collector uses techniques to use the dissemination of personal data to pressure the Debtor to immediately make payments, Juridical Responsibility The Kredit Pintar application for actions committed for defamation can be held civil liability through a Tort Lawsuit as stipulated in article” 1365 of the Civil Code filed by Customers who feel aggrieved because their identity is used in the misuse of personal data.   Keywords : Online Loans, Smart Credit Applications.

Herisasono, Adi; Herawati, Lilik

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This study aims to analyze the application of diversion to children who commit criminal acts of defamation through social media. The normative juridical method is carried out through analysis obtained from library materials such as books, dictates, and others related to statutory regulations and the concept of jurists as the basis of their research. This study uses a legal concept analysis approach, statutory analysis, and a case approach related to the application of criminal sanctions in cases of defamation. The results of the study concluded that the provisions for criminal defamation through social media are regulated in Article 27 paragraph (3) of Law Number 11 of 2008 concerning Information and Electronic Transactions and cannot be separated from the main legal norms in Article 310 and Article 311 of the Criminal Code as a genus of delict which requires a complaint (klacht) to be prosecuted.

Aldyan, Arsyad; Rustamaji, Muhammad; Septiningsih, Ismawati; Adlhiyati, Zakki; Kurniawan, Itok Dwi

Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan 2022 Prodi PPKn Universitas Slamet Riyadi

This article discusses the civilian aspect in defamation cases which is intended to reform law enforcement against defamation cases. This article uses normative research methods and uses a legislative approach. Defamation is indeed an act that violates the law and certainly harms the person whose reputation is tarnished, but with this loss, it is seen that it is possible to resolve this issue can be resolved through a civil law approach with aspects of illegal acts. This is because the application of criminal sanctions is the ultimate medium, and also of course the essence is to look at the resolution of the problem. Reformulation of law enforcement policy in defamation cases leading to civil settlement is of course intended so that the aggrieved person also receives compensation from the perpetrator, and also the perpetrator is obliged to pay compensation, so as not to release the perpetrator of defamation for the act committed, but not in the presence of criminal sanctions law enforcement.