Criminal Imposition of Perpetrators of Criminal Offenses via Social Media (Decision No.259/Pid.Sus/2018/PN.Pkl)

Abstract

This research aims to examine and analyze "(1) How the forms of insults that occur on social media towards members of the Pekalongan City Police Traffic Unit fulfill the elements of criminal acts in the Criminal Code and Criminal Provisions outside the Criminal Code, and (2) How the judge considers the theory of justice in sentencing criminal offenses for insulting members of the Pekalongan City Police Traffic Unit based on the elements of criminal acts in the Criminal Code and provisions outside the Criminal Code, which relate to Information and Electronic Transactions, are regulated in Law No. 19 of 2016 concerning Information and Electronic Transactions (UU-ITE) there is no element of human rights, the judge decided on a case of "defamation" related to Article 13 of Law No. 39 of 1999 concerning Human Rights (UU-HAM) and the judge's consideration in deciding on violations of Information and Electronic Transactions is in the best interests of both parties and no one is harmed. The approach method used in this research is sociological juridical. This research is descriptive analytical in nature. The data sources used are primary data and secondary data. Primary data is data obtained directly from the field or from the first source and has not been processed by other parties. Meanwhile, secondary data was obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the research results, it can be concluded that based on the judge's considerations regarding the theory of justice in sentencing perpetrators of criminal acts of insulting members of the Pekalongan City Police Traffic Unit based on the elements of criminal acts in the Criminal Code and Criminal Provisions outside the Criminal Code, namely juridical considerations, consisting of: indictment, criminal charges , evidence and evidence as well as non-juridical considerations, consisting of: the consequences of the defendant's actions, the condition of the defendant, the role/position of the defendant and the facts of the trial.