Perbedaan Penerapan Hukum Dalam Kasus Pencemaran Nama Baik Melalui Layanan Pesan Singkat

Hardianto, Dimas Luthfi (2017) Perbedaan Penerapan Hukum Dalam Kasus Pencemaran Nama Baik Melalui Layanan Pesan Singkat. S1 thesis, UAJY.

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Abstract

The development of information technology – to some extent – causes the emergence of new type of criminal activity. One of them is the crime of defamation through short message service (SMS). In Indonesia, the suspect of SMS-based defamation can be processed through the criminal code (KUHP) or the Information and Technology Legislation. This dualism of law implementation can provide negative impacts such as, lowering the trust of the society toward the law apparatus and also the emergence of negative assessment toward the law institution. Furthermore, the ambiguous source of law itself can enhance the possibility of vigilance among the society or create a social jealously. Hence, the writer believes that it is important to review the implementation of criminal code (KUHP) and the Information and Technology Legislation within the case of defamation via SMS. This undergraduate thesis is constructed using the normative legal research. This type of research enable the writer to examine the implementation of positive law. The distinction of law implementation within the case of SMS-based defamation can be caused by various opinion. First a SMS which sent to someone, do not qualify as public as an important condition for the defamation. The second opinion, if the defamation using media electronic, it must be using Information and Technology Legislation

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