scholarly journals Law Enforcement towards Online Mass Media Abuse According to the Press Law

Ius Poenale ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 103-112
Author(s):  
Andiniya Komalla Parawita

The resolution process of law enforcement related to press offences differs in Indonesia. The disparity in resolving legal issues arising from press violations in Indonesia is due, in part, to differing interpretations of press regulations. Some actions were taken under Law No. 40 of 1999 Concerning the Press (Press Law). Some issues were resolved through the Criminal Code or the Kitab Undang-Undang Hukum Pidana (KUHP). This study is interested in looking into law enforcement against the abuse of mass media through online media in terms of press law and the Criminal Code and the barriers to its enforcement. The method used in this research is a normative juridical and empirical juridical approach. Subsequently, data analysis uses qualitative analysis methods. The paper concludes by arguing that enforcing press law against abuse of mass media through online media is accomplished by enforcing Article 5 paragraph (1) of the Press Law. However, Article 5 paragraph (1) of the Press Law does not regulate or formulate the delusions of defamation and insults as regulated in Article 310 of the Criminal Code. The absence of norms and conditions for when and in what cases the press can and cannot be brought to court for violating criminal law and sentenced to criminal sanctions is a barrier in law enforcement on the misuse of mass media through online media associated with press laws.

Author(s):  
Indra Efendi

ABSTRAKPerkembangan teknologi di bidang informasi yang semakin modern sering menyebabkan terjadinya tindak pidana pencemaran nama baik yang dilakukan oleh beberapa orang atau oknum yang tidak bertanggungjawab.Perumusan Masalah Bagaimana pertanggungjawaban pidana pers melalui media online dikaitkan Pasal 310 Kitab Undang-Undang Hukum Pidana.Bagaimana konsep usulan perbaikan dalam pertanggungjawaban pidana pers melalui media online dikaitkan Pasal 310 Kitab Undang-Undang Hukum Pidana berdasarkan hukum progresif.Tujuan Penelitian Untuk mengetahui Untuk mengetahui pertanggungjawaban pidana pers melalui media online dikaitkan Pasal 310 Kitab Undang-Undang Hukum Pidana Untuk mengetahui konsep usulan perbaikan dalam pertanggungjawaban pidana pers melalui media online dikaitkan Pasal 310 Kitab Undang-Undang Hukum Pidana berdasarkan hukum progresif. Jenis penelitian hukumnya adalah secara normatif . Kesimpulan Pertanggungjawaban pidana pers melalui media online dikaitkan Pasal 310 Kitab Undang-Undang Hukum Pidana sudah berjalan sesuai dengan Kitab Undang-Undang Hukum Pidana namun karena adanya Undang-Undang Nomor 40 Tahun 1999 tentang Pers maka Sehubungan dengan kebebasan Pers atau media massa dan ancaman yang masih dirasakan adalah pemberlakuan pasal Fitnah atau pencemaran nama baik dengan lisan atau tulisan pada KUHP. Aturan ini dinilai banyak menghambat kebebasan berekspresi menyampaikan pendapat di masyarakat dan dianggap UU No. 40 Thn 1999 tentan Pers tidak berlaku. Konsep usulan perbaikan dalam pertanggungjawaban pidana pers melalui media online dikaitkan Pasal 310 Kitab Undang-Undang Hukum Pidana berdasarkan hukum progresif terutama sanksi pidana terhadap pelaku pencemaran nama baik dalam dunia maya (cyber) , yang dimana penerapan hukum ini di tinjau dari KUHP dan UU ITE. Penerapan hukum terhadap tindak pidana pencemaran nama baik ini menggunakan asas Lex spesialis derogat legi generali yaitu dimana pengaturan pencemaran nama baik di dunia maya yang diatur dalam Pasal 27 ayat (3) dan Pasal 45 UU ITE merupakan “Lex spesialis” dari Pasal 310 KUHP yang merupakan “Lex generali” dimana hubungan aturan ini menjadikan sinergi hukum atas kasus pencemaran nama baik. Sarannya antara lain harus ada pemisahan yang tegas terkait mana yang masuk kategori delik pers dan mana yang bukan delik pers; dan Harus dipertegas keberadaan (materiil sphere) dari UU tersebut apakah sebagai UU Tindak Pidana Umum atau Tindak Pidana Khusus, karena penanganannya akan berbeda; Perlu dipertegas apakah delik pers itu adalah delik aduan atau delik umum (laporan delik) karena masa penuntutannya akan berbeda dan apakah dapat ditarik atau tidak, dan pertanggungjawaban pidananya harus dipertegas apakah dilimpahkan kepada pimpinan redaksi, perorangan (wartawan) atau korporasinya; Faktor yang harus diperhatikan dalam pemberitaan adalah pers atau media massa harus bebas dari tekanan kelompok baik internal maupun eksternal, dan suatu berita ditulis dengan cermat, akurat, serta penulisan berita harus lengkap dan utuh, sehingga pihak lain tahu informasi dengan benar dan kesalahan serta ketidak akuratan wajib segera dikoreksi.Kata kunci: pertanggungjawaban pidana pers; media on line; Pasal 310 Kitab Undang-Undang Hukum Pidana ABSTRACTThe development of technology in the increasingly modern information field often leads to criminal defamation carried out by several people or irresponsible persons. Formulation of Problems How criminal liability of the press through online media is linked to Article 310 of the Criminal Law Act. How is the proposed improvement concept in criminal liability of the press through online media linked Article 310 of the Criminal Law Act based on progressive law.Research Objectives To find out To find out the criminal liability of the press through online media is linked Article 310 of the Criminal Law Code To find out the concept of the proposed improvement in criminal liability of the press through online media linked Article 310 of the Criminal Law Book based on progressive law. This type of legal research is normative.Conclusion Criminal liability of the press through online media is associated with Article 310 of the Criminal Law Act that has been running in accordance with the Criminal Law Act, but due to the Law Number 40 of 1999 concerning the Press, In connection with freedom of the Press or the mass media and threats that are still felt was the application of the article Defamation or defamation of good name by oral or written on the Criminal Code. This rule is considered to hamper many freedom of expression to express opinions in the community and is considered Law No. 40 of 1999 about the Press does not apply. The proposed concept of improvement in criminal liability of the press through online media is linked to Article 310 of the Criminal Law Act based on progressive law, especially criminal sanctions against perpetrators of cyber defamation, in which the application of this law is reviewed from the Criminal Code and the ITE Law. The application of the law against criminal defamation uses the principle of Lex specialist derogat legi generali, whereby the regulation of defamation in cyberspace regulated in Article 27 paragraph (3) and Article 45 of the ITE Law constitutes the "Lex specialist" of Article 310 of the Criminal Code which is a "Lex generali" where the relationship of this rule makes legal synergy over defamation cases.The suggestions are that there must be a strict separation related to what is included in press offenses and which are not press offenses; and The existence of the material (sphere) must be confirmed whether the Act is a General Criminal Act or a Special Criminal Act, because the handling will be different; It needs to be emphasized whether the press offenses are complaints or general offenses (offense reports) because the prosecution period will be different and whether it can be withdrawn or not, and criminal liability must be confirmed whether it is delegated to the editor in chief, an individual (journalist) or the corporation; The factor that must be considered in reporting is that the press or mass media must be free from internal and external group pressure, and that a news is written carefully, accurately, and news writing must be complete and complete, so that other parties know the information correctly and errors and inaccuracies must be corrected immediately.Keywords: criminal liability pressl; online media; Article 310 Of The Criminal Law Code


Rechtsidee ◽  
2020 ◽  
Vol 7 ◽  
Author(s):  
Roby Satya Nugraha ◽  
Sri Ayu Astuti

The purpose of this legal research is to explain the first discussion, namely how to implement law enforcement against criminal conspiracy (samenspanning) which has been regulated in the Criminal Code and the Criminal Procedure Code. Second How is the imposition of sanctions for criminal conspiracy charges regulated in the Criminal Code in case Number: 293K / Pid / 2016. This type of research is normative research which is descriptive-analytical in nature, using secondary data with data collection techniques through library research and processing data qualitatively, it is concluded that law enforcement against criminal conspiracy is carried out by penal measures, penal measures are one of the efforts to enforce the law or all actions taken by law enforcement officials that focus more on eradication after a crime is committed under criminal law, namely criminal sanctions which constitute a threat to the perpetrator. The stages in this way include investigation, further investigation, prosecution, and so on, which in this case is part of criminal politics. The functionalization of criminal law is an effort to tackle crime through rational criminal law enforcement with the aim of creating the fulfillment of a sense of justice and efficiency. The imposition of sanctions Criminal sanctions imposed if a person has been proven to have committed a criminal act of treason can be punished with a criminal sentence contained in Article 106 of the Criminal Code with the threat of life imprisonment or twenty years in prison.


2021 ◽  
Vol 21 (4) ◽  
pp. 489
Author(s):  
Diana Yusyanti

During the Covid-19 pandemic, many mass media reported various cases of health service errors at hospitals that resulted in material losses, there were even cases of patients dying. The criminal aspect is explicitly stated in the provisions of Article 190 of Law No. 36 Year 2009 and Article 62 and Article 63 of Law No. 44 Year 2009 and Article 46 of Law Number 44 Year 2009 concerning Hospitals where it is stated that hospitals are legally responsible for all losses due to negligence or health service errors. This research used descriptive normative research through a statutory approach, carried out by reviewing all laws related to legal issues that are being handled. In addition, criminal sanctions in Law Number 36 Year 2009 are formulated cumulatively, such as in the case of criminal acts as referred to in Article 190 paragraph (1), Article 191, Article 192, Article 196, Article 197,Article 198, Article 199, and Article 200, accumulated so that the general provisions inArticle 30 of the Criminal Code are ineffective, that the maximum sanction if not paid the perpetrators are only subject to a substitute imprisonment of 6 months or 8 months.


ADDIN ◽  
2017 ◽  
Vol 11 (2) ◽  
pp. 295
Author(s):  
Sri Endah Wahyuningsih ◽  
Jawade Hafidz

This paper aims to make efforts to develop the Criminal Code derived from the yudicial pardon value in Islamic law as a law that lives and thrives in society. The Criminal Code as the basis of criminal law enforcement is a legacy of the Dutch era which do not know peace to end up the case. It is not in accordance to Pancasila as the basis for legal development in Indonesia. Research method used socio legal and qualitative data analysis. The result of the research claims that Islamic law is a legal source in the development of the justice Criminal Code, forgiveness is possible in the <em>jarimah</em><em>-hudud</em> and <em>qisas-diyat</em> in solving the criminal case. Implementation in the development of the Criminal Code needs to be added to the reason for the abolition of criminal prosecution if between the perpetrator and the victim is already forgiven, further, in the case of a crime with a slight loss the judge may decide to be forgiven even if the defendant is found guilty.


2021 ◽  
Vol 8 (1) ◽  
pp. 34
Author(s):  
Elpina Elpina ◽  
Mariah Sonanggok Purba

A crime of narcotics abuse has experienced an alarming development, one of which is the increasing factor of narcotics abuse, one of which is the legal vacuum in law enforcement against drug abuse. The approach method used uses a normative juridical approach, the research results obtained are the weaknesses of narcotics criminal law enforcement include: (a) in the formulation of criminal sanctions, namely most of the criminal sanctions in Act No. 35 of 2009 are formulated cumutatively, in the formulation of the most cumulations are between imprisonment and sufficient fines. large, there are no special rules for corporations that do not pay fines, and no specific types of sanctions (criminal / action) are seen for corporations (b) related to the issue of criminal threats, namely: there are offenses that are given a special minimum criminal threat which is If there is a deviation from the Criminal Code system, there are no specific guidelines or regulations for the application of minimum penalties, and there are no specific criminal rules to implement the minimal system can be a problem if there is participation, trial, discourse, recidive, criminal mitigation, expiration, and so on.


2018 ◽  
Vol 1 (1) ◽  
pp. 784
Author(s):  
Calvin . ◽  
Dian Andriawan Daeng Tawang

Cybercrime is a crime involving online media means as an object to carry out the crime. Cybercrime itself also has many forms that one of them is cybersex, cybersex is a crime that violates the offense of decency in which the crime involves the medium of online media. For example the case in this case is a crime in the form of selling the services of online prostitution whose perpetrator is a pimp, pimps in this case means the person who acts as a caregiver and / or owner of commercial sex workers. Most cases of online prostitution crime are in the bali area of Denpasar. Online prostitution crime itself has violated Article 45 paragraph 1 of Law Number 19 Year 2016 on Information and electronic transactions. But the panel of judges in its decision only decided in the form of articles contained in the Criminal Code so that the imposition of criminal sanctions on the defendant became very light and made the perpetrators became not afraid of the relatively light criminal sanctions. So that the law in Indonesia becomes very weak and from the light criminal law sanction makes the perpetrators continue to do the crime action. When viewed from the lex specialist derogate legi generalie principle stating the special provisions to override general provisions, meaning that the Act should be used is Law No. 19 of 2016 on Information and Electronic Transactions.


2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.


Author(s):  
Т.Л. Магомадова ◽  
З.Л. Магомадова

В статье рассматриваются уголовно-правовые нормы, содержащиеся в гл. 26 УК РФ, устанавливающие ответственность за экологические преступления с точки зрения определения причин их низкой применяемости в судебной практике. Выделены наиболее актуальные уголовно-правовые проблемы, раскрыт ряд вопросов эффективности применения норм об ответственности за экологические преступления и проиллюстрированы ключевые моменты примерами правоприменительной практики, предложены пути законодательного их разрешения. The article discusses the criminal law contained in Sec. 26 of the Criminal Code, establishing liability for environmental crimes in terms of determining the causes of their low applicability in judicial practice. The most relevant criminal law problems are highlighted, a number of issues of the effectiveness of the application of the rules on liability for environmental crimes are revealed, key points are illustrated with examples of law enforcement practice, and ways to legislatively resolve them are proposed.


Author(s):  
Michail Sagandykov ◽  
Galia Shafikova

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.


2020 ◽  
Vol 6 (2) ◽  
pp. 151
Author(s):  
Anitawati Bachtiar

According to Law No. 40 of 1999 concerning mass media, press has the function to educate. Moreover, according to Alwi (2011: viii) the language used by the press has more influence than the language used by teachers in school. Based on that, the mass media has an obligation to promote Indonesian language properly and correctly. Proper Indonesian is to use the language in accordance with the communication situation, while using Indonesian correctly is using language in accordance with the rules. The suitability of the rules based on the guidelines recognized and published by the Ministry of Education and Culture’s National Agency for Language Development and Books, namely the General Guidelines for Indonesian Spelling and Indonesian Language, Foreign Language Guidelines and the Large Indonesian Dictionary. This research sought to examine the use of foreign terms in four printed newspaper in Banten Province, namely Radar Banten, Banten News, Banten Post, and Banten Raya which were published in July 2018 with 23 headline news articles. This research employed descriptive qualitative method with data analysis steps, namely (1) listening; (2) identification and classification of data based on the use of foreign terms found; (3) data interpretation; and (4) making conclusions. Based on the results of data analysis, it is found that there are twenty-five (25) data of foreign terms that have been absorped or translated but are not written in the equivalent form or translation. There are also fifteen (15) data that indicate errors in writing based on the standard form of foreign terms that have Indonesian word equivalents and four (4) data that do not have word equivalents but their writing are not in accordance with the guidelines, which must be underlined or italized


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