Penegakan Hukum Pidana Terhadap Penyebaran Berita Bohong Gempa Melalui Sarana Media Sosial Di Kepolisian Daerah Riau

M, Fadlillah (2021) Penegakan Hukum Pidana Terhadap Penyebaran Berita Bohong Gempa Melalui Sarana Media Sosial Di Kepolisian Daerah Riau. Other thesis, Universitas Islam Riau.

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Abstract

Case Number: BP / 01 / II / 2019 / Ditreskrimsus Polda Riau with the suspect M binti MJ, there are irregularities in the investigation process. The application of articles and laws makes no sense, because suspect M binti MJ has only been charged with Article 14 paragraph (2) of Law no. 1 of 1946. As for the application of Article of Law no. 19 of 2016 concerning Amendments to Law no. 11 of 2008 concerning Information and Electronic Transactions none. The action carried out by the suspect M binti MJ clearly used electronic media by distributing and or transmitting social media (Facebook), that an earthquake would occur in Jakarta. The main problems in this research are: 1) what are the obstacles for investigators in enforcing criminal law against the spread of fake earthquake news and 2) what are the reasons for investigators to stop investigating the spread of fake earthquake news through social media facilities at the Riau Regional Police. The research method used in this study uses an empirical sociological approach or is included in observational research. The nature of this research is descriptive analysis research. The obstacle for Riau Regional Police Investigators in enforcing criminal law against the spread of fake news in Police Report Number: LP / 498 / X / 2018 / Riau / Ditreskrimsus dated 03 October 2018 is due to insufficient evidence based on the case title dated April 7, 2020. In terms of law, The investigator's lack of caution in the application of articles and laws in conducting investigations, which results in legal uncertainty to determine whether the act is a criminal act. The reasons for investigators to stop investigating the spread of fake earthquake news through social media at the Riau Regional Police against Police Report Number: LP / 498 / X / 2018 / Riau / Ditreskrimsus dated 03 October 2018, namely a) no unlawful acts were found, b) they were not found. strong evidence and c) no finding of state losses. The consequences of termination of an investigation can be submitted to a pre-trial hearing, either at the request of the public prosecutor or from a third party concerned, to assess whether the termination of the investigation is legally justified or not.

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