Juridical Review of the Defamation Crime Using Social Media Based on Law Number 11 of 2008 on Information and Electronic Transactions

Abstract

The development of communication and information technology is so rapid it cannot be denied by anyone, technology can be a tool change in the community. Utilization of Information Technology and communication have changed the behavior of human society and civilization globally. Information Technology is currently a two-edged sword because in addition to providing a positive impact in the sense that can be utilized for the benefit of mankind, also had a negative impact on the development of human civilization itself one of which is defamation through social media. The problem is defamation in social media is regulated in Law Number 11 Year 2008 on ITE, many people thought this would restrict freedom of expression a person but contempt set out in the Criminal Code (insult offline) cannot reach the offense insult and defamation conducted in cyberspace (humiliation online) because there is an element of "public". Can the word element "common knowledge", "public" and "broadcast" in Article 310 paragraph (1) and (2) Criminal Code covers the expression of cyberspace? Entering the virtual world into the notion of "common knowledge", "public" and "broadcast" as in the Criminal Code, literally not sufficient. the writing using normative juridical approach is research using secondary data sources with primary legal materials, namely 1945 , Criminal Code and law on ITE and supported secondary law, specification research is descriptive analysis, a study that illustrate and describe and analyze the data obtained in the study, the research phase conducted with the literature study that examines the legal material and to analyze the data the author uses qualitative methods, i.e. the data obtained is then compiled qualitatively to clarify the issue. The results showed that Freedom of speech is the right of every person guaranteed by the Constitution of the Republic of Indonesia Year 1945. However, implementation needs to be regulated so as not to violate the rights of others. Provisions in the ITE Law regarding freedom of speech is only regulated in one article and there are only a prohibition without rights. Law No. 11 Year 2008 on Information and Electronic Transactions cannot be said to have been to protect a person's right to express an opinion as a right to communicate via the Internet