Analisis Yuridis Terhadap Tindak Pidana Body Shaming Di Media Sosial Dalam Perspektif UU Informasi Dan Transaksi Elektronik Dan Hukum Pidana Islam

Maulana, M. Yusuf (2021) Analisis Yuridis Terhadap Tindak Pidana Body Shaming Di Media Sosial Dalam Perspektif UU Informasi Dan Transaksi Elektronik Dan Hukum Pidana Islam. Other thesis, Universitas Islam Riau.

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Abstract

The phenomenon of Body Shaming is a phenomenon that almost often occurs and is done by everyone unintentionally or intentionally just for fun. Social media is considered the easiest place to access news, even some people have started to choose to write news using one of the social networks such as “Facebook and Instagram” and commit a new type of crime, namely Body Shaming because it does not require expensive tools and large costs The legal provisions regarding the criminal act of Body Shaming are complaint offenses, namely the case can only be processed if there are people who feel disadvantaged who complain to law enforcement officials. Therefore, an analysis of the crime of body shaming in social media is needed from the perspective of the Information and Electronic Transaction Law and Islamic Criminal Law. The formulation of the problem in writing this thesis, namely: First, how is the regulation of the criminal act of Body Shaming on social media in the perspective of the Information and Electronic Transaction Law. Second, what is the view of Islamic Criminal Law on the criminal act of Body Shaming on social media. This research method is included in normative legal research. The data collection technique is literature review. The method of drawing conclusions in this study uses the deductive method, namely drawing conclusions from general to specific matters. From the results of the research conducted, it can be concluded, First, the regulation of criminal acts of insulting body image (Body Shaming) outside the Criminal Code if viewed from the ITE Law, there is indeed no article that specifically mentions the word (Body Shaming), there is only the clause "insult/ defamation". The scope of this offense in Article 27 Paragraph (3) includes minor insults. Body Shaming is a criminal offense for minor insults to body image. Second, the view of Islamic criminal law on the crime of body shaming on social media. Body Shaming is an act that hurts someone by criticizing someone either directly or indirectly which can make a person feel uncomfortable so that self-confidence decreases. Body Shaming actions that are carried out directly such as criticizing, mocking, ridiculing, slandering, defaming one's name and so on are strictly prohibited in Islam which are contained in the Word of Allah SWT. Al-Qur'an Surah Al-Hujurat/49:11.

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