SANCTIONS AND CRIMINAL AGAINST ACHIEVEMENTS THROUGH SOCIAL

MEDIA

Artikel
submitted to fulfill assignments in the Research Method and Legal
course

lecturer Dr. Asep Saripudin, S.H., M.H

by
Camelia Daupas Vhalent (2110631010074)

PROGRAM STUDI ILMU HUKUM

Camelia Daupas Vhalent

Abstract : Every human being has the right to himself, one of which is the right to an
opinion. In this modern era of technology, humans can argue indirectly, such as through
social media such as Facebook, Twitter, Instagram, Line and so on. However, it has a
negative impact, one of which is the crime of defamation. The act of defamation can be in the
form of insults, insults, insults, and anything that is done by an individual to bring down other
people. The formulation of the criminal act of defamation through online media is regulated
in Article 27 paragraph (3) of the Information and Electronic Transaction Law and also
criminal sanctions as regulated in Article 45 paragraph (3) of this Law. The purpose of
writing this article is to provide an explanation along with a description of the sanction for
defamation through social media according to criminal law against the perpetrator. The
research method used is descriptive method based on qualitative data, namely case studies.

Keywords : Defamation, UU ITE, Criminal sanctions, Social Media

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PRELIMINARY

In this day and age, everything is made sophisticated, and easy. Various activities have
started to be based on technology and can be done quickly, starting from daily activities such as
socializing. The development of this technology certainly brings two effects, both positive and
negative. From time to time following the rapid development of the times, the condition of society
also changes very quickly. Of course, this makes the possibility of crime occurring in society will
also be faster. With the internet, there is a way for people to communicate indirectly, which is
called cyber space, a computer-based communication place that offers virtual reality.
Social media is an enabling media that allows humans to interact without being limited by
space and time. Social media is an online media that supports humans in socializing and
interacting. Implementation of media.
Social media uses web-based technology that turns communication into interactive dialogue
(Budiyono, 2017). On social media itself, everyone can create a personal web page, then connect
it with friends, to share information and interact with each other. Social media itself is divided
into three and one of them is a social network, which is a place to socialize and interact, for
example Facebook, Twitter, Instagram, and Path. The internet itself is widely used to
communicate, conduct transactions, read news and find information through digital newspapers.,
melakukan transaksi, membaca berita dan mencari informasi melalui koran digital.

But social media also has a negative side if it is misused. One of the negative impacts of
community development in the world of information technology is the emergence of defamation
in the world of information technology (Rahman, 2016). Of course, regulations regarding the
crime of defamation in the field of information technology have also been regulated, namely in
the ITE Law Article 27 paragraph (3) and also related laws, namely the Law of the Republic of
Indonesia Number 11 of 2008 and the Law of the Republic of Indonesia Number 19 of 2016. Of
course there are also sanctions for those who violate such as perpetrators of defamation through
social media which are also regulated in Article 45 paragraph 3 of the ITE Law.

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METHOD

The method used in writing this article is a descriptive method based on qualitative data,
namely case studies. By using this method the author will search for sources of reading and
writing for this article. The object studied in this article is criminal sanctions against perpetrators
of defamation through social media. What are the articles that will ensnare the perpetrators and
also the sanctions that will be obtained, the author will describe in this discussion with examples
of the case in question.

RESULTS AND DISCUSSION

Prior to the existence of social media, the regulation on defamation was regulated in the
provisions of the articles of the Criminal Code as follows: 1. Article 310 of the Criminal Code, which
reads: (1) Whoever intentionally damages the honor or reputation of a person by accusing him of
committing an act with the real intention will be to spread the accusation, be punished for blasphemy,
with a maximum imprisonment of nine months or a maximum fine of Rp. 4.500,-". (2) If this is done
by means of writing or pictures that are broadcast, shown to the public or posted, then the person who
commits the act is punished for blasphemy by writing with a maximum imprisonment of one year and
four months or a maximum fine of Rp. .4,500,-
(2) Article 315 of the Criminal Code, which reads "Every intentional insult that is not in the nature
of defamation or written defamation committed against a person, either in public orally or in writing,
or in front of the person himself by word of mouth or deed, or by letter sent or received to him, shall
be threatened with light contempt with a maximum imprisonment of four months and two weeks or a
maximum fine of four thousand five hundred rupiahs."

After the existence of the internet, it is regulated in the provisions of the ITE Law, namely: Article
27 paragraph (3) of the ITE Law, Article 45 of the ITE Law, which reads: (1) Everyone who fulfills
the elements 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.
1,000,000.00 (one billion rupiah).
Sanctions and penalties for perpetrators of defamation carried out through social media are
regulated in Article 27 paragraph 3 of Law no. 11 of 2008 concerning Information and Electronic
Transactions states: “Every person intentionally and without rights distributes and/or transmits and/or
makes electronic Information and/or Documents accessible

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 Electronics that have insulting and/or defamatory content.” And will be snared in Article 45
paragraph (1) of the ITE Law, a maximum imprisonment of 6 years and/or a maximum fine of 1
billion.

The Constitutional Court's decision on Article 27 paragraph (3) of Law Number 11 of 2008
concerning Electronic Information and Transactions states that the article's material is
constitutional as stated in the decisions of the Constitutional Court Number 50/PUU VI/2008 and
Number 2/PUU-VI/ 2009. Based on Decision Number 14/PUU-VI/2008, the Constitutional Court
has taken the position that a person's good name, honor, and dignity are one of the legal interests
that are protected by everyone guaranteed by both the 1945 Constitution and International Law.
Thus, if the criminal law provides certain criminal sanctions for actions that attack a person's good
name, dignity or honor, then it does not violate or contradict the constitution.

An example of a defamation case was carried out by Stella Monica Hendrawan, a beauty clinic
patient in Surabaya who became a patient in a defamation case. Now, Stella is threatened with
prosecution, namely 1 year in prison and a fine of Rp. 10 million.
Stella's case began because of her complaint in December 2019. At that time, she complained
about the L'VIORS Clinic service that did not meet her expectations through posts on social
media, Instagram. did not accept Stella's post, L'VIORS then sent a subpoena on January 21, 2020.
In his subpoena, Stella had to apologize in half a page in the mass media in three publications. In
her inaugural trial, Stella was charged with violating Article 27 Paragraph 3 in conjunction with
Article 45 Paragraph 3 of Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008
concerning ITE. And then at the trial on October 21, the prosecutor demanded 1 year in prison and
a fine of Rp. 10 million

However, as is known, the sanctions and crimes related to defamation through social media,
namely Article 27 paragraph (3) of Law Number 11 of 2008 concerning Information and
Electronic Transactions and Article 45 of the ITE Law is a complaint offense (klacht delict) which
means This crime can only be carried out if there is a prosecution from the victim who feels
aggrieved. So the sanctions and punishments can only be accepted by the perpetrator if the victim
makes a prosecution.

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CONCLUSION

Sanctions and penalties for perpetrators of defamation have been regulated in Article 27
paragraph (3) of the ITE Law and the penalties for those who violate are regulated in Article 45 of
the ITE Law, namely with a maximum imprisonment of 6 years and a maximum fine of 1 billion.
The Constitutional Court has also held the opinion that a person's good name, honor, and dignity
are one of the legal interests that are protected by everyone guaranteed by both the 1945
Constitution and international law. However, the articles regarding this matter are still in the form
of a complaint offense where the perpetrator will only receive sanctions and a criminal who is felt
to be a victim makes a prosecution to the organization and a process is carried out. of existing
criminal sanctions. But so that this does not happen where there will be a disadvantaged party, it is
recommended for the community to be wiser in playing social media.

THANKYOU NOTE

Alhamdulillah, thanks to Allah swt, because of His blessing the author was able to finish this
article. In writing the article, of course, it cannot be separated from the support and assistance
from many parties. As for this opportunity, I would like to thank my supervisor, Dr. Asep
Saripudin, S.H., M.H who was late in guiding in the process of writing articles. For the support,
cooperation and assistance, the authors thank you.

REFERENCES

Ahmad Fahmi Muhajir “Tindak Pidana Pencemaran Nama Baik Lewat Media Sosial”
Tindak Pidana Pencemaran Nama Baik Lewat Media Sosial - Kompasiana.com (Diakses terakhir kali 17-
11-2021)

Randy Ramadhan “Pencemaran Nama Baik Lewat Media Sosial Internet”

Rahmat Fadli, Mohd. Din, Mujibussalim (2019) Reformulasi Sanksi Pidana Pencemaran Nama Baik
Melalui Media Online. Kanun Jurnal Ilmu Hukum Vol. 21, No. 2, (Agustus, 2019), pp. 327-338.

Redaksi “Curhat di Medsos, Pasien Klinik Kecantikan Dituntut 1 Tahun Penjara Kasus Pencemaran
Nama Baik”
Curhat di Medsos, Pasien Klinik Kecantikan Dituntut 1 Tahun Penjara Kasus Pencemaran Nama Baik
(harianaceh.co.id) (Diakses terakhir kali 22-11-2021)

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