The Law Enforcement of the Criminal Act of Defamation through Social Media

Abstract

Defamation is also known as humiliation, which is basically attacking the good name and honor of someone who is not in a sexual sense so that person feels harmed. Crime is accepted as a fact that is detrimental to society, both in the simplest (primitive) society and in modern society. Defamation can be made by irresponsible individuals through various media and methods. This study uses a normative juridical approach. As for obtaining data from this discussion, researchers use legally binding materials, namely laws. Data analysis using juridical analysis. Data analysis techniques are qualitative analysis in the form of presentations, descriptions, and descriptions of research results. The results of the study thatThe criminal act of defamation is a special form of unlawful act. This offense in the Criminal Code is regulated in Article 310 of the Criminal Code. Meanwhile, defamation through electronic media is regulated in Article 27 Paragraph (3) of Act No. 11 of 2008 regarding the amendment to Act No. 19 of 2016 concerning Information and Electronic Transactions. For perpetrators, they will be sentenced to a maximum of 4 years in prison or a maximum fine of IDR 750,000,000.00 (seven hundred and fifty million rupiah). Obstacles in law enforcement are influenced by several factors, namely, the proof is more complicated compared to ordinary crimes, witnesses are not can see directly because of the incident via social media, cannot know the details of the loss, defamation through fake accounts is not clear.