Memahami Kebijakan Kriminal Tentang Penghinaan dan/Atau Pencemaran Nama Baik dalam Transaksi Elektronik

Panggabean, Mompang L. (2020) Memahami Kebijakan Kriminal Tentang Penghinaan dan/Atau Pencemaran Nama Baik dalam Transaksi Elektronik. In: Bunga Rampai Karya Ilmiah Dosen “Digitalisasi dan Internasionalisasi Menuju APT Unggul dan UKI Hebat” Dies Natalis ke 67 Universitas Kristen Indonesia. UKI Press, Jakarta, pp. 49-63.

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Abstract

criminal act of defamation is a kind of complaint offense, the prosecution of which depends on the subjectivity of the victim. Along with the times, information technology has also become a means for the emergence of this kind of crime. The pros and cons of its substance are increasing in relation to issue of freedom of expression. Speech containing insults and / or defamation on social media using electronic transactions, apart from being able to demean someone, is also a tool in the political arena for the benefit of a person or group and can even be aimed at a body (corporation), even though philosophically it initially focuses only on individual feelings. This paper aims to examine defamation committed through electronic transactions based on the perspective of three main criminal law issues. The research method used is juridical normative by examining positive legal content and several cases, which are analyzed according to a qualitative approach and the hermeneutic paradigm. The result reveals that the settlement of cases of slander and/or defamation through electronic transactions tends to be more about the problem of deeds, not balanced with the problem of the perpetrator (mens rea) and the crime. Policy approach and values approach as the starting point, it is necessary to understand comprehensively about humiliation and / or defamation according to the values prevailing in society. Keywords: criminal policy, defamation, electronic transactio

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