Analisis Yuridis terhadap Putusan Bebas (VRIJSPRAAK) Atas Tuntutan Tindak Pidana Penghinaan dan/atau Pencemaran Nama Baik melalui Media Sosial (Studi Putusan Pengadilan Negeri Poso No. 262/Pid.Sus/2017/PN.PSO)

Abstract

One of the acquittals againts criminal acts of humuliation and/or defamation through social media is the acquittal which is decided by the judges of the Poso District Court based on Poso District Court’s decision No. 262/Pid.Sus/2017/PN.PSO with Mohamad Aksa Patundu as the defendant. Several things need to be analyzed regarding the acquittal of the decision of the Poso District Court No. 262/Pid.Sus/2017/PN.PSO, among others are as follows, namely; how the positive legal rules that apply in Indonesia can regulate criminal acts humiliation and/or defamation through social media; how is the analysis of the indictment and the analysis of the judge’s considerations in the Poso District Court Decision No. 262/Pid.Sus/2017/PN.PSO and whether the acquittal in the Poso District Court Decision No. 262/Pid.Sus/2017/PN.PSO has complied with the principles in making decisions by judges in criminal cases. This study uses a normative juridicial legal research method with library research data collection techniques. Data analysis used qualitative analysis. The results of the research on legal arrangements for the Criminal Act of Humaliation and/or Defamation are regulated in the Criminal Code and outside the Criminal Code in accordance with the integrative theory that forms legal arrangement in accordance with the values contained in the first and second precept of Pancasila. The contruction of an acquittal (vrijspraak) as regulated in article 191 paragraph (1) of the Criminal Procedure Code states that an acquittal (vrijspraak) is imposed based on no fault of the perpetrator, but in the explanation of Article 191 paragraph (1) the KUHAP transaction does not mention an element of error but an element of error. The acts charged by the Public Prosecutor. Analysis of the decision of the Poso District Court No. 262/Pid.Sus/2017/PN.PSO, namely in accordance with the theory of multidisciplinary legal interpretation, other sciences other than law are needed that must be mastered by judges, especially in the discipline of linguistics.