Analisis Yuridis Terhadap Tindak Pidana Pencemaran Nama Baik Terkait Hak Kebebasan Berpendapat (Studi Kasus Putusan Nomor.395/PID.SUS/2018/PN.BKN)

Hendrianto, Edwin (2022) Analisis Yuridis Terhadap Tindak Pidana Pencemaran Nama Baik Terkait Hak Kebebasan Berpendapat (Studi Kasus Putusan Nomor.395/PID.SUS/2018/PN.BKN). Other thesis, Universitas Islam Riau.

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Abstract

The crime in the case of Decision Number 395/Pid.Sus/2018/PN.Bkn which occurred at the Bangkinang District Court in the case of defamation by the Defendant as the Chair of the RW to his subordinates or the Head of the RT via Facebook. Attended by the victim as the head of the RT. As a result of the defendant's actions, the victim felt that his reputation was tarnished and decided to settle the case through the applicable legal process. The defendant's actions may be subject to Article 27 paragraph (3) of the ITE Law in conjunction with Article 310 paragraph (1) of the Criminal Code The formulation in this study is how to apply material punishment and how the judge's basic considerations for criminal defamation in case Number 395/Pid.Sus/2018/PN.Bkn, and to find out whether the court's decision against the perpetrators of defamation in decision number: 395/Pid.Sus/2018/PN.Bkn, has been in accordance with freedom of opinion. The method used by the author in this study is a normative legal research method, namely library law research is a method or method used in legal research which is carried out by examining existing library materials and connecting with the decision of the Bangkinang District Court judge who decided on the case Number 395/Pid .Sus/2018/PN.Bkn. While the nature of this research is descriptive, namely the author tries to give a detailed description. Namely describing the problems that were found to be related to each other in a logical and juridical way to get a clear and detailed picture of the case of decision 395/Pid.Sus/2018/PN.Bkn From the results of the study that the application of the judge's decision in case Number 395/Pid.Sus/2018/PN.Bkn, in accordance with the criminal acts committed by the defendant had fulfilled the elements of defamation of Article 27 paragraph (3) in conjunction with 310 paragraph (1 ) Criminal Code. The panel of judges sent a criminal verdict against the defendant by making considerations in accordance with the evidence and facts that were revealed in court clearly and transparently seen in the evidence, so that the Panel of Judges decided criminal sanctions against the defendant, namely: 3 (three) months in prison. Judges in giving consideration of legal findings that should be used to create justice created by judges in their decisions based on their excavation results for a sense of justice in the midst of society without being shackled by the sound of the Articles of Law.

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