Analisis Yuridis Terhadap Penyebar Ujaran Kebencian Melalui Media Sosial Dalam Perkara Nomor 1105/Pid.Sus/2017/PN.Jkt.Utr

Hasibuan, Tiolin (2019) Analisis Yuridis Terhadap Penyebar Ujaran Kebencian Melalui Media Sosial Dalam Perkara Nomor 1105/Pid.Sus/2017/PN.Jkt.Utr. Other thesis, Universitas Islam Riau.

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Abstract

Post-new order, freedom of opinion in Indonesia is freely given, moving in all directions and uncontrolled. In this case, social media contributes to being one of provocative hate seed fields, where the action of freedom of opinion without fertile responsibility mushroomed. As a result of such developments, information technology by itself has gradually changed the behavior of people and human civilization globally. The main problem in this study is how the application of material criminal law to the disseminator of social media hate speech in case No. 1105 / Pid-Sus / 2017 / PN Jkt.Utr and how the judges consider legal judgments in making verdicts against perpetrators of crime of spreading hate speech through Social Media in Case Number 1105 / Pid-Sus / 2017 / PN Jkt.Utr. The type of research used in this study is normative legal research, namely legal research conducted by examining library materials or mere secondary data. Whereas viewed from the nature of this research is descriptive, namely a study that is intended to provide a clear and detailed description of the main problems in this study. Application of material criminal law to disseminators of hate speech through social media in case number 1105 / pid-sus / 2017 / PN Jkt Utr article 28 paragraph (2) Law No. 11 of 2008 Jo Article 45 Paragraph (2) Law No. 19 of 2016 concerning changes to Law No. 11 of 2008 Concerning information and electronic transactions regarding criminal acts creates hatred based on SARA in accordance with the evidence and also the facts presented in the trial. It has been carried out by the panel of judges based on evidence in the form of witness statements, expert statements, and the defendant's statement. However, the application of criminal sanctions imposed by the panel of judges is not in accordance with what is threatened in the article. Legal considerations of the panel of judges in making decisions against perpetrators of criminal acts of disseminating hate speech through social media in case number 1105 / Pid.Sus / 2017 / PN.Jkt.utr Before imposing criminal sanctions on defendants the panel of judges first considers all matters revealed in the trial including the verification of the public prosecutor, the accused's advisor, and matters that were burdensome and mitigating. So that it can prove the mistake that was indicted against the defendant. So that the defendant was sentenced to imprisonment for 1 (one) year 6 (six) months along with a fine of Rp. 200,000,000 (two hundred million rupiahs) with the provision that if not paid is replaced with a sentence of imprisonment for 3 (months).

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