Gugatan Ganti Rugi Keperdataan atas Pencemaran Nama Baik di Media Sosial (Studi Putusan Pengadilan Tinggi Pontianak Nomor 41/Pdt/2021/Pt.Ptk)

Abstract

Defamation on social media has its own complexities in interpreting defamation in the social media realm of social media. Therefore, defamation on social media that causes harm refers to the Information and Electronic Transaction Law, which more specifically regulates activities in cyberspace. The formulation of the problem in this study is how the regulation of defamation on social media that causes harm acording to existin laws and regulation in indonesia, how to resolve disputes through a lawsuit pursued by the injured party in a defamation case through social media, and how the consideration of the panel of judges related to legal protection to the injured party in a defamation case on social media according to the high court decision number 41/PDT/2021/PT. Ptk. The research method used in this resecarch is normative juridical, by examining library materials, and secondary data, namely primary, secondary and tertiary legal materials, because the target of this thesis is to review the regulation of compensation caused by defamation in social media as well as its law enforcement in Indonesia, represented through Pontianak high court decision number 41/PDT/2021/PT. Ptk. This research is descriptive in nature, the approach used are statutory approach and case approach. Techniques for collecting legal materials are carried out by studying literature and analyzing the data that has been collected including primary, secondary and tertiary legal materials and drawing conclusions from the studies that have been carried out. The results of this study show that the regulation of compensation claims for defamation on social media is contained in the Information and Electronic Transaction Law which in it regulation refers to the civil code,dispute resolution through a lawsuit pursued by filing a lawsuit to the district court and if it meets the requirements, an examination will be carried out in court and if there are parties who are not satisfied with the decision handed down by the panel of judges at the district court, they can take ordinary and extraordinary legal remedies. In Decision Number 41/PDT/2021/PT. Ptk, the judges decided to uphold the decision of the District Court, because the Appellant’s Attorney in his appeal memory was only a repetition of Arguments, and at the court of First Instance, judges had provided Legal Protection to parties harmed by defamation on social media from juridical, philosophical and sociological aspects.