EKSISTENSI PASAL 27 AYAT (3) UNDANG-UNDANG NOMOR 11 TAHUN 2008 DALAM PERKARA PENCEMARAN NAMA BAIK

Putra, Atven Vemanda (2013) EKSISTENSI PASAL 27 AYAT (3) UNDANG-UNDANG NOMOR 11 TAHUN 2008 DALAM PERKARA PENCEMARAN NAMA BAIK. Jurnal Ilmu Hukum. pp. 1-97.

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Abstract

Criminal offense of defamation through electronic media is one of several types of cybercrime types that exist. Defamation offenses arising from the negative impacts of the development of the information and communication technology global society, resulting in changes in people's behavior patterns in such fields as computer misuse. From the above background, it is in the writing of this essay presented two main issues, namely : How does the application of Clause 27 paragraph (3) of Statute No. 11/2008 on Information and Electronic Transactions in a defamation case ? and How does thinking about the defamation provisions through electronic media in the future ?. This research is normative, made by reviewing/analyzing secondary data in the form of legal materials, especially primary legal materials and secondary legal materials to understand the law as a set of rules or norms in the system of positive law governing the human life. Results of this study indicate that the application of the provisions of defamation through electronic media is still referring to the pattern of retributive justice which tend to promote the criminal sentencing process. Defamation provisions through electronic media is still regulated in a separate law that could potentially lead to differences in the perception of law enforcement in Indonesia. Formulation of the draft new Code can be used as an alternative to integrate the provisions of the Act ITE with the provisions of the Criminal Code .

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