JRSSEM 2021, Vol. 01, No. 2, 91 – 100

E-ISSN: 2807-6311, P-ISSN: 2807-6494

DOI : 10.36418/jrssem.v1i2.6 https://jrssem.publikasiindonesia.id/index.php/jrssem/index

IMPLEMENTATION OF CRIMINAL SANCTIONS AGAINST

CRIMINALS OF HUMILIATION AND DEFAMATION

THROUGH THE INTERNET

Devi Ramadhona*

example is humiliation and defamation through the internet. The purpose of this study is to identify

and analyze the factors that cause perpetrators to commit criminal acts of defamation through

social media, the application of criminal sanctions against perpetrators of criminal acts of

defamation through the internet in terms of the perspective of criminal law in Indonesia. Indonesia

and identify and analyze efforts to overcome the occurrence of criminal acts of Information and

Electronic Transactions (ITE). The approach taken in this research is normative and empirical

juridical with data sourced from library research and field research. The results of this study indicate

that the factors that cause perpetrators to commit criminal acts of defamation through social media

are economic factors, socio-cultural factors, injury factors, and lack of legal awareness. Efforts to

DOI : 10.36418/jrssem.v1i2.6 https://jrssem.publikasiindonesia.id/index.php/jrssem/index

The era of the digital era, demands

every individual to continue to develop and

follow technological advances that are

increasingly developing rapidly.

Technological advances are marked by the

emergence of internet media that can be

(Rosana, 2010) Nowadays, it is easier for

people to get new information because of

electronic media.

Electronic media develops along with

the development of technology and

information. Today's technological

developments are increasing, the need for

computer networks is needed by anyone at

any time. The development of

communication tools also supports

(Cahyono, 2016). In addition, people can

also relate directly to the outside world

without having to meet face to face, namely

through social media, for example with

Facebook, Twitter, bloggers, Instagram, and

so on.

In addition to benefits, internet

technology also brings negative impacts,

one of which is the emergence of new

crimes related to technology and the

and freely express and express opinions on

social media. Crime related to information

technology and the internet is called

cybercrime or crime through the internet

network can threaten anyone who comes

from very minimal results either by

individuals or groups with the result of

greater losses both for society and the

(Rajab, 2018) concerning Information and

Electronic Transactions Article 27

paragraph (3) which states:

"Everyone intentionally and without

As referred to in the article above, any

placing the position of others and

humiliating the insulted person (Kartiko

dkk., 2020). Insulting, inciting, or cursing is

a bad act because it insults other people

and considers their status.

A new legal regime has been born,

known as cyberlaw (cyber law or telematics

law), namely laws related to the use of

information technology, cyber law, and

mayantara law (Ali, 2015). The Criminal

accusing him of an act with a clear intention

that the accusation will spread, shall be

punished for being a man with a penalty of

imprisonment for a maximum of nine

months or a maximum of four thousand

five hundred rupiahs. In addition, the

articles contained in Law Number 19 of

2016 concerning Electronic Information

and Transactions (ITE) are also expected to

be able to suppress crimes committed in

Iskandar (late) was guilty and sentenced to

certain time imprisonment for 4 months

and a fine as much as Rp. 5,000,000.00.-

Venty Lebya Wati, SE Binti Iskandar (late) is

accidentally distribute and or transmit and

make accessible electronic information and

electronic documents that have content or

good name as referred to in article 27

paragraph (3) following article 45

paragraph (3) in conjunction with article 27

acts of a crime of good name, in this case,

a case study on the decision of the

Tanjungkarang District Court Number:

1053/PID.SUS/2019/PN Tjk. about

defamation through social media. The

through social media, the application of

criminal sanctions against perpetrators of

criminal acts of defamation through

internet media from the perspective of

criminal law in Indonesia. as well as efforts

to tackle the occurrence of criminal acts of

information and electronic transactions

(ITE).

through research by collecting primary

data obtained directly from the object

through interviews with respondents and

sources related to research. The data in this

and field research, while the types of data

used in this study were primary data and

secondary data. Secondary data were

obtained through library research, studies

of books, literature, and regulations

relating to Information and Electronic

namely by providing an understanding of

the data in question and described in the

form of sentences arranged systematically.

Then the results of the analysis are

interpreted in the form of a deductive

conclusion which is a general description of

the answers to the problems studied.

the actions he has committed in violation

of the laws and regulations. And it's not

uncommon to spread a good name on

social media, not knowing that those who

see it are wrong because they follow trends

in their social environment. One of the

triggering factors for cybercrime in

Indonesia is heartache. Many reasons are

the pain experienced by the perpetrator as

a result of previous events. The first reason

through social media. An event

experienced by the perpetrator is triggered

by another interrelated event. It is not

uncommon for criminals to commit crimes.

Based on interviews, it was found that

another factor that influences someone to

do good deeds on social media is the lack

of public knowledge about the rules for

using social media. One of the factors that

crimes on social media is because crimes

committed on social media have unique

characteristics (Anas, 2020), such as the

scope of their crimes through cyberspace

which includes various kinds of crimes,

criminals who are vague or unclear, the

mode of crime that is difficult to predict, to

the types of losses that can include large

to do good deeds on social media is socio-

cultural factors, especially in human

resources.

The results of the study show that the

reason for doing good things is to vent

their frustration on the photos posted

along with the statement that they are not

paying their debts, and it makes Resha

Rantika feel embarrassed because posting

a photo of herself shows many people that

factors can cause many legal crimes or

reputations through the internet in

Indonesia, namely economic factors,

environmental factors, and socio-cultural

factors.

1053/Pid.Sus/2019/PN TJK. the results

obtained that the application of criminal

sanctions of a good name in the Electronic

Information and Transaction Law (UU ITE)

has privileges when compared to the

arrangements contained in the Criminal

Code (KUHP). The Information and

Electronic Transaction Law (UU ITE) for

every act that violates the law, the sanctions

are not directly contained in the same

Management in Law Number 19 of 2016

concerning Amendments to Law Number

11 of 2008 concerning Information and

Electronic Transactions. It is contained in

namely Article 27 paragraph (3), Article 28

paragraph (1), and Article 36. Article 27

paragraph (3) reads “Every person

intentionally and without rights distributes

and/or transmits and/or makes Accessibility

of Electronic Information and/or Electronic

name or legal entity content. everyone's

understanding of the subject here enjoys as

an individual as a law. Understanding

intentionally and without rights can be

obtained as an act that is contrary to the

injustice and based on its nature, what

should be prohibited and threatened with

punishment by law is distributing, and/or

accessible electronic information,

and/electronic documents, which can

interfere with the nature of the injustice.

The above actions can contain elements of

offense if the offense that arises is an

offense that is fully implemented in the

presence of a prohibited act. Thus, this

electronic documents contain elements

that are prohibited by law. While the

criminal sanctions are contained in Chapter

XI regarding the criminal provisions in

person who meets the requirements as

referred to in Article 27 paragraph (1),

paragraph (2), paragraph (3), or paragraph

(4) shall be sentenced to a maximum

imprisonment of 6 (six) years and/or a

maximum fine of Rp. 1,000,000,000.00 (one

rights, spreads false and misleading news,

resulting in consumer losses in electronic

transactions. Understanding that everyone

here enjoys as an individual as a legal

subject (Prodjodikoro, 2002).

Understanding intentionally and

without rights can be obtained as an act

that is contrary to the law and negligent

actions that are punishable by punishment.

We can interpret the meaning of fake and

misleading news with the word persuasion

as a tool for committing fraud (Article 378

of the Criminal Code), namely a hoax in

to have an unfair nature and based on its

nature, what should be prohibited and

threatened with punishment by law is

causing consumer losses in electronic

transactions. While the criminal sanctions

are contained in Chapter XI concerning the

criminal provisions in Article 45 paragraph

(2) which reads "Everyone who meets the

requirements as referred to in Article 28

paragraph (1) or paragraph (2) shall be

Article 34 which results in harm to another

person". The elements of the article are

Everyone; Intentionally and without rights

or against the law; perform as referred to in

Article 27 to Article 34; Causing harm to

others. Understanding everyone here

enjoys as an individual as a legal subject.

Understanding intentionally and without

rights can be obtained as an act that is

contrary to the law and negligent actions

(Sepang, 2018). What is prohibited by law

is committing the acts as referred to in

Articles 27 to 34 and causing harm to

others. The offenses referred to in Article 36

are material offenses or material

formulation offenses, offenses which have

just been implemented are fully

implemented with the emergence of

provisions in Article 51 paragraph (2),

Article 52 paragraph (3), and Article 52

paragraph (4). Article 51 paragraph (2)

reads “Every person who meets the

requirements as referred to in Article 36

shall be sentenced to a maximum

imprisonment of 12 (twelve) years and/or a

maximum fine of Rp. 12,000,000,000.00

(twelve billion rupiah)'. Article 52 paragraph

(3) reads "If the acts as referred to in Article

banks, finance, international institutions,

aviation authorities are threatened with a

maximum criminal penalty of the principal

of each article plus two thirds". Article 52

paragraph (4) reads "If the criminal act as

referred to in Article 27 to Article 37 is

committed by a corporation, the punishment

shall be the principal sentence plus two-

thirds".

Defamation can be done through

through the internet media in terms of the

perspective of criminal law and the legal

system of criminal acts of defamation

through the internet media in terms of the

perspective of criminal law, namely

according to the Criminal Code and Law no.

11 of 2008 concerning Information and

Electronic Transactions.

(ITE) Crimes, namely by holding the

Intelligence Sector in the sense that the

Police cooperate with the District

Attorney's Office to conduct intelligence

prevent criminal acts to support

enforcement. both preventive and

repressive laws in the fields of ideology,

politics, economy, finance, socio-culture,

defense, and security, implementing

prevention against certain people and/or

of the Attorney General's Office,

conducting cooperation and coordination

as well as strengthening the legal

awareness of the community in their

jurisdiction.

(Putri, 2019). Furthermore, to determine

how a rational business step in carrying out

policies cannot be separated from the

goals of development policy itself

integrally. Thus, to determine any policy,

including criminal law policies, it is always

related and inseparable from the goal of

national development itself, namely how to

realize welfare for the community. Crime

prevention policies or commonly known as

punishment through mass media

(influencing public views on crime) and

punishment.). the first category includes

efforts to overcome through the penal

crime prevention efforts through the non-

penal route. Against these 2 (two) facilities.

criminal policy is a rational and organized

effort of a society to tackle crime. Criminal

policy in addition to being carried out

repressively through the penal approach

law, and so on.

The non-penal approach covers crime

prevention a very broad range of

encompasses both policy and practice.

Talking about criminal policy (criminal

policy) which includes a penal approach

through the criminal justice system, by

itself it will use criminalization which

regulates the scope of actions that are

against the law, criminal liability, sanctions

that can be applied, both in the form of

(punishment) and action (treatment). The

means of crime prevention policies are

must have a balance between penal and

non-penal means (integral approach).

Criminal politics that is carried out

using the penal means the use of the

criminal justice system, starting from

criminalization to criminal execution (Silaen

& Siregar, 2020). The penal approach must

be continuously carried out through

various efforts to improve the criminal

justice system, both from the aspect of

criminal justice system includes a network

of justice systems with sub-systems of the

police, prosecutors, courts, and

correctional facilities that utilize criminal

law as the main means. Criminal law, in this

case, includes material, formal criminal law

and criminal law enforcement with the

means of punishment() can be carried out

through a process consisting of three

stages, namely the formulation stage

(judicial/judicial policy) and the execution

stage (executive/administrative policies).

Based on these three actions, criminal law

enforcement actions which consist of three

powers or authorities, namely legislative or

formative powers in terms of determining

or formulating what can be punished

related to the main problems in criminal

administrative in implementing criminal

law by implementing or criminal officials.

Broadly speaking, efforts to counter

the occurrence of criminal acts and

Electronic Transactions that have been

explained by one of the judges at the

Tanjung Karang District Court Class IA are

holding legal counseling to the public in

general which has been carried out usually

once a year so that the general public is

discussion, it can be as follows, causes of

perpetrators of criminal acts of defamation

through social media include socio-cultural

factors, liver disease factors, and legal

awareness factors. The implementation of

criminal sanctions against perpetrators of

criminal acts of defamation through

internet media from the perspective of

criminal law in Indonesia is verbally

insulting Article 310 paragraph (1) of the

Article 318 of the Criminal Code,

blasphemy against a dead person. Article

320 paragraph (1) and 321 paragraph (1) of

the Criminal Code, distributes and/or

transmits and/or accesses Electronic

Information and/or Electronic Documents

that have content and/or good name.

Article 27 paragraph (3) of Law Number 19

of 2016 concerning Amendments to Law

Number 11 of 2008 concerning Electronic

Electronic Transactions, is against the law to

commit acts as referred to in Article 27 to

Article 34 of Law Number 19 of 2016

concerning Amendment to Law Number 11

Electronic Transactions that cause harm to

other people. While the criminal act of

defamation regulated in Law Number 19 of

2016 concerning Amendments to Law

Number 11 of 2008 concerning Information

and Electronic Transactions, the criminal

Regional Police, are carried out by taking

approaches penal and non-penal through

various prevention efforts without having

to use the criminal justice system, for

example, community mental health efforts,

of encompasses both policy and practice.