Pencemaran Nama Baik Melalui Media Sosial Berdasarkan Undang-Undang Nomor 19 Tahun 2016 tentang Informasi dan Transaksi Elektronik (Studi Kasus Putusan Pengadilan Negeri Medan Nomor l/Pid.sus/2019/PN.Mdn)

Abstract

Legal problems that are often faced by the public in the current era of information disclosure are related to the delivery of information, communication and/or data electronically, particularly related to hate speech or defamation, one of which was carried out by Abdul Hasiolan Siregar with Decision Number 1/Pid. sus/2019/PN.Mdn. Mistakes began at the investigation stage. It is true that the defendant is structurally the editor-in-chief of the media Medanseru.co and this is based on the Press Law, the defendant must be responsible for all the editorial content of the Medanseru.co media page. However, in the facts of the trial, it was revealed that the online media Medanseru.co was not officially registered on the Kominfo page so that it meant that Medanseru.co was an unofficial media (fake) and was not a legal object referred to in liability under the press law itself.

The method used in this research is normative research, with descriptive analytical research, sourced from secondary data with primary legal materials, secondary legal materials, and tertiary legal materials. It is done by collecting data by literature study and document study, analyzed qualitatively. And using the Legislative Approach (Statute Approach) and Case Approach. Based on the research, it is known that criminal arrangements related to

insults and defamation through online media in Indonesia are regulated in several rules, including Article 310 of the Criminal Code, Article 27 of Law Number 11 of 2008 concerning Information and Electronic Transactions as amended by Law 19 of 2008 2016. The regulation regarding the spread of false news by the press is regulated in Article 390 of the Criminal Code. The indictment that has been published by the public prosecutor related to the facts of the trial is false. Mistakes began at the investigation stage. The police in the case of an investigation have wrongly assigned a legal subject as a suspect. The obstacles in handling criminal acts of defamation on social media are the limited facilities and infrastructure for law enforcement, perpetrators of defamation on social media usually use fake accounts or identities, so investigators must use special devices (technology) to track perpetrators, evidence easily removed or deleted, so that it can eliminate the digital footprint, the complexity of the behavior patterns of the social media user community and the low level of awareness to use social media. Meanwhile, enforcement efforts are: through regulatory policies, and increasing the resources and skills of law enforcement. Prevention efforts are: socializing the law on information and electronic transactions, increasing public awareness in using social media, weighing criminal sanctions, and blocking social media sites.