PERTIMBANGAN PENYIDIK POLRI DALAM MENETAPKAN STATUS TERSANGKA TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI MEDIA SOSIAL

Sujatmiko, Nicole Danang Agung (2021) PERTIMBANGAN PENYIDIK POLRI DALAM MENETAPKAN STATUS TERSANGKA TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI MEDIA SOSIAL. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

In law enforcement practices, especially in the investigation of criminal defamation through social media, still have legal problems. An investigator is often found determining someone's suspect, too hastily and too quickly. That is, have the investigators performed their duties and functions according to the law? Doesn't the investigator also have the authority in law to stop the investigation? The purpose of this legal research is to determine the extent to which investigators, especially the National Police, consider the status of a suspect in a criminal act of defamation through social media. In accordance with the results of the study which raised two cases of criminal defamation through social media as a comparison, investigations carried out by POLRI investigators are in fact quite good at carrying out the investigation process, in accordance with the applicable law. The fulfillment of two pieces of evidence in accordance with the law certainly makes investigators sure to determine the status of a person as a suspect in a criminal act during the investigation process. However, on the other hand, investigators forget the importance of seeking Restorative Justice during the investigation process. This has a function for and on the basis of fulfilling the rights of each party, outside of the criminal system. If this happens more frequently, it could lead to Overcriminalization of people affected by similar cases in the future.

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