Pertanggungjawaban Pidana Terhadap Tindak Pidana Berita Bohong (Hoax) Dalam Perspektif Hukum Positif Indonesia Dan Hukum Pidana Islam

Abstract

Hoax comes from the word "hocus pocus" originally from the Latin " hoc est corpus", meaning fake news. Hoax also comes from the English word Hoax, which means fake news. From the perspective of Islamic thought, hoaxes are public lies or the spread of information that is misleading and even insulting to other parties. Hoax creators are classified as parties who harm other people and the hoaxes they create are categorized as hadithul ifki or fake news. From a positive legal perspective, hoaxes are content that give rise to feelings of hatred or hostility towards certain individuals and/or groups of society based on ethnicity, religion, race and between groups (SARA). The perpetrator can be sentenced to a maximum of 10 years. The formulation of the problem of this research is: How is the regulation of Positive Law and Islamic Criminal Law regarding Hoax Crimes? How is Criminal Responsibility for Hoax Crimes in the Perspective of Indonesian Positive Law and Islamic Criminal Law? Number 19 of 2016 and in Islamic Criminal Law Perspective? The research method in this thesis uses normative legal research. In normative research, secondary data as a source/information material can be primary legal materials, secondary legal materials and tertiary legal materials. The criminal liability of hoax perpetrators refers to Article 45 paragraph (1) and/or paragraph (2) in Law Number 19 of 2016 Amendment to Law Number 11 of 2008 concerning ITE, namely being sentenced to a maximum imprisonment of six years and/or a maximum fine. 1,000,000,000.00 (one billion rupiah). Furthermore, from an Islamic Law perspective, the perpetrator of the hoax in this case will receive a ta'zir sentence, where the sentence can be handed over to the Government.