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Ni Komang Githa Chandra Dew; Komang Febrinayanti Dantes; Ni Ketut Sari Adnyani

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aimsmto examineiin depthvthe perspective of information technology law and human rights on the phenomenon of political buzzers on social media within the context of digital development in the era of globalization. This research is motivated by the rapid advancement of information technology, which has brought significant changes in various aspects of society, including the political sphere that increasingly utilizes social media as a means of communication and information dissemination. The phenomenon of political buzzers has become a controversial issue, particularly during election periods, as it is often associated with the spread of inaccurate information, defamation, hate speech, and the manipulation of public opinion that may harm society and disrupt social stability. This study employs a normative legal research method using statutory and conceptual approaches. The results indicate that political buzzers generally operate under the justification of freedom of expression as part of human rights. However, such freedom is not absolute and must be limited to prevent violations of others' rights and to maintain public order. In this regard, information technology law in Indonesia, particularly through regulations governing digital activities, plays an important role in controlling deviant buzzer practices. Nevertheless, the absence of specific regulations explicitly governing political buzzers has resulted in less optimal law enforcement. Therefore, strengthening regulations and increasing public awareness in the wise use of social media are necessary to create a healthy, responsible, and sustainable digital ecosystem.

Putu Bangli Suri Artani; Ni Putu Rai Yuliartini; Dewa Gede Sudika Mangku

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid development of communication technology in the digital era has had a significant impact on people's interaction patterns. One of the important aspects in this case is its influence on communication behavior, both in social, economic, and political life. The Electronic Information and Transaction Law (UU ITE) which was passed in Indonesia in 2008, acts as a regulation to regulate the use of communication technology, especially in cyberspace, with the aim of protecting the public from misuse of technology such as defamation, fraud, and hate speech. This research aims to analyze how the influence of the ITE Law on changes in community interaction patterns in digital space, both positively and negatively. Research results show that although the ITE Law provides a clear legal framework, there are challenges in its implementation that have the potential to hinder freedom of opinion and change the way people interact online. On the other hand, this regulation also spurs the public to be more careful and responsible in communicating through digital platforms.  

Fabrizio Richardo Marvil Wanggai; Made Sugi Hartono; Ni Putu Ega Parwati

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of artificial intelligence technology, particularly deepfake, poses significant challenges to legal protection due to its potential misuse for identity manipulation, defamation, and other cybercrimes. This phenomenon highlights a gap between technological advancement and the readiness of legal regulations in Indonesia. This study aims to analyze forms of deepfake misuse and to assess the effectiveness of existing legal frameworks in providing legal protection and certainty. The research employs a normative legal method using statutory and conceptual approaches by examining legislation, legal doctrines, and relevant scholarly literature. The findings indicate that Indonesian positive law does not yet specifically regulate deepfake technology, resulting in law enforcement relying on general provisions of criminal law and the Electronic Information and Transactions Law. The implications of this study emphasize the urgency of regulatory reform and the formulation of adaptive legal policies to address digital technological developments in order to ensure legal protection and justice for society.

Wilona Ramadhani K; Muhammad Irwan Padli Nasution

Saturnus: Jurnal Teknologi dan Sistem Informasi 2026 Asosiasi Riset Teknik Elektro dan Informatika Indonesia

This study aims to describe users' experiences and perceptions regarding the presence of malicious comments on social media, particularly on TikTok and Instagram. Data were collected through an online questionnaire using Google Forms containing eight open-ended questions, then analyzed using a descriptive qualitative approach through thematic analysis. The results showed that all respondents had and frequently encountered malicious comments, especially on viral content or creator accounts with large followings. The most common forms of malicious comments included body shaming, insults, defamation, and belittling and demeaning comments. Respondents expressed various emotional reactions such as discomfort, sadness, anger, and pity, although a small number felt normal due to their familiarity with the phenomenon. Factors that drive someone to make malicious comments include following the crowd (FOMO), envy, personal dislike, and the ease of expressing negative opinions on social media. Malicious comments also impact user comfort, with most feeling disturbed and uncomfortable. Respondents' responses to malicious comments included ignoring, responding positively to reprimands, blocking accounts, or reporting the comments. Respondents also proposed several efforts to reduce malicious comments, such as limiting or closing the comment section and increasing education regarding social media ethics. Overall, this study confirms that malicious comments are a common phenomenon on social media and need to be addressed through better personal awareness and digital literacy.

Rahma Dinda; Rahmatul Riza; Ridwal Trisoni; Muhamad Yahya

Jurnal Budi Pekerti Agama Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This article discusses the concept of fitnah in Islam, focusing on its definition, forms, risks, and social impacts. Fitnah, referring to false accusations, deceit, and the spreading of misleading information, can pose a serious threat to individual integrity and social balance. The study employs a qualitative descriptive approach with a literature review from classical Islamic texts, Quranic verses, the teachings of the Prophet, and the latest scholarly articles from trusted sources. The findings indicate that fitnah is a significant moral and social violation that can lead to various issues, such as conflicts, defamation, social division, and the loss of trust within society. The study also emphasizes the importance of Islamic ethical principles in preventing and addressing fitnah, especially in the digital age, where information can spread rapidly and widely. The study concludes that preventing fitnah requires an increase in public literacy, more ethical communication, and adherence to Islamic values that emphasize honesty and caution in disseminating information. These efforts are expected to reduce the negative impact of fitnah in social life and foster a more harmonious society.

Kadek Ferdian Dwi Arsa

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Consumer criticism on social media is a common form of expression used to convey dissatisfaction with products or services. However, such criticism often generates controversy, especially when it is perceived to harm the reputation of a company. Although the right to freedom of expression is guaranteed by the Consumer Protection Law, in practice, this guarantee frequently conflicts with the defamation provisions outlined in the Electronic Information and Transactions (ITE) Law. The case of "Om Polos Banget" serves as a concrete example where consumer criticism led to legal charges due to allegations of defamation. This study aims to analyze the boundaries of consumer freedom of expression on social media within the context of Indonesian legal regulations and to identify the elements of defamation that may ensnare consumers. The research utilizes a normative juridical method, focusing on the analysis of relevant laws and regulations concerning freedom of expression and defamation. The results of the study indicate that while consumers have the right to criticize, there are legal boundaries that must be observed to prevent the criticism from resulting in legal action. Therefore, clearer policies are needed to ensure a fair balance between consumer freedom of expression and corporate reputation protection, as well as the importance of consumers maintaining ethical conduct when expressing criticism on social media.

Diyanggi Priya Romaito Pane; Alexandro Wiranto Tambe

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Technological developments in the modern era have experienced rapid growth, one of which is through the advancement of Artificial Intelligence (AI). This technology has now become an integral part of people's daily lives because it can provide convenience, efficiency, and innovation in various fields. However, behind the benefits offered, AI also carries potential risks, especially when misused. One of the most worrying forms of misuse is deepfakes, namely AI-based digital content manipulation that can convincingly imitate a person's voice, face, and movements. Deepfakes have triggered various digital crimes, such as identity forgery, the creation and distribution of non-consensual pornographic content including sexual exploitation, blackmailing, the spread of fake news (hoaxes), digital terror, fraud, and defamation. The increasingly sophisticated level of AI in manipulating data demands swift action, appropriate regulations, and effective oversight strategies from the government to anticipate its negative impacts. This research uses a normative juridical method with a statute approach and a conceptual approach. This approach allows for a comprehensive analysis of the existing legal framework, the concept of legal protection, and the urgency of establishing new regulations related to AI technology. The research findings indicate that the government needs to take a number of strategic steps, including: (1) drafting specific regulations governing the use and limitations of AI, particularly regarding deepfakes; (2) developing and implementing effective deepfake detection technology; (3) providing protection, recovery, and rehabilitation mechanisms for victims; and (4) implementing widespread public education to raise public awareness of the risks of AI misuse.

Miftia Nur Annisa; Rina Arum Prastyanti; Muhamad Habib

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines violations of ethical commenting on the Instagram account @Pertamina, in response to a fuel-mixing corruption case that caused state losses of up to one quadrillion rupiah. The research aims to describe forms of unethical comments posted by netizens and analyze them based on Article 28 paragraph (2) of Indonesia’s Electronic Information and Transactions Law (ITE Law). A normative juridical method was used, supported by digital observation, documentation, and note-taking techniques. The results revealed 20 comment samples containing hate speech, insults, threats, and defamation. These comments not only violate digital ethics but also potentially breach Articles 28(2) and 27(3) of the ITE Law. According to Soedikno Mertokusumo's theory of legal objectives, such comments fail to uphold justice, legal certainty, and usefulness, ultimately damaging the digital public space, which should foster healthy and productive communication.

Pasaribu, Audry Salsabila; Muhamad Radjhu Khan Saputra; Ilham Rahman Prayogo; Taun Taun

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study discusses a legal analysis of the differences between criticism and defamation in Indonesian law, especially in the Criminal Code (KUHP) and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE). The research method used is normative legal with a regulatory and contextual approach. The results of the study show that the Criminal Code and the ITE Law both provide protection for individual honor, but differ in the scope of application. The Criminal Code focuses more on conventional interactions, while the ITE Law regulates the electronic realm. Although it aims to protect the name well, the provisions in the ITE Law are considered to have weaknesses due to the potential for multiple interpretations that can threaten freedom of expression. Therefore, a proportional legal interpretation is needed to maintain a balance between protection of personal honor and respect for freedom.  

Jesslyn Elisandra Harefa; Yasmirah Mandasari Saragih; Bonari Tua Silalahi; Ireny Natalia Putri Sihite; Sudarno Hariadi Nasution

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The phenomenon of character assassination is now increasingly prevalent in the digital realm, often carried out by corporate entities through destructive information campaigns. Unfortunately, the criminal law system in Indonesia has not been fully able to provide strict accountability for legal entities. This research aims to analyze how criminal accountability can be applied to corporations involved in character assassination. The research method used is a normative juridical approach with qualitative analysis techniques of relevant regulations and case studies. The results of the study show that there is a void of norms in Indonesian criminal law related to corporate criminal liability in non-physical cases such as digital defamation.

Mumaddadah Mumaddadah; Muammar Muammar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Bullying is a social phenomenon that is increasingly worrying because of its serious impacts on victims, both psychologically, physically, and socially. In the context of Indonesian criminal law, bullying can fulfill the elements of a criminal act if it meets certain qualifications as regulated in the Criminal Code (KUHP) and other regulations. This study aims to analyze how bullying can be qualified as a criminal act and to review the forms of bullying that can be subject to criminal sanctions. Using a normative legal approach, this study examines relevant positive legal norms and case studies that reflect the implementation of the law on bullying. The results of the study show that bullying can be qualified as a criminal act such as insults, physical violence, threats, and defamation, depending on the form and consequences caused. Therefore, it is important to have strict law enforcement and legal education for the community to prevent and handle bullying cases effectively.

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.

Maliki Sirojudin Agani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

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.

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.

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.