THE IMPLEMENTATION OF THE RESPONSIBILITY OF CRIMINAL OFFENDERS WITHOUT LEGAL RIGHT TO DISTRIBUTE AND TTRANSMIT INFORMATION THAT HAS INSULTING CONTENT OR INSULTS (Study Number Decision : 867/Pid.Sus/2018/PN.Tjk.)
In this rapidly growing era, it covers all aspects of human life including the internet and social media. Freedom of expression can now not only be expressed through oral or written but also can be poured out or delivered through social media that is currently available. The development of information technology on the one hand will make it easier for humans to carry out their activities, on the other hand can cause various problems that require serious handling.The problem in this study is how the deliberate responsibility of criminal offenders without legal rights distributes and transmits information that has a content of insult or defamation and whether the causes of the perpetrator carry out criminal acts that have a content of insult or defamation based on decision number 867 / Pid. Sus / 2018 / PN.Tjk.The research method used by the author in compiling this thesis is a normative and empirical juridical approach, using secondary and primary data obtained from literature studies and field studies, and data analysis with qualitative analysis.The results of the study indicate that the criminal offender intentionally without legal rights distributes and transmits information that has a content of insult or defamation based on decision number 867 / Pid.Sus / 2018 / PN.Tjk is in accordance with Article 45A (3) Jo Article 27 paragraph (3) of the Law of the Republic of Indonesia Number 19 Year 2016 concerning amendments to Law Number 11 Year 2008 concerning Electronic Information and Transactions, imposes imprisonment for the defendant for 2 (two) years 6 (six) months and a fine of 500,000,000 IDR (five hundred million rupiahs) subside 6 (six) months and the causes of the offender carrying out criminal acts that have a content of insult or defamation based on the decision number 867 / Pid.Sus / 2018 / PN.Tjk is due to internal and external factors.The suggestion in this study is that with a lot of criminal acts of humiliation through internet media, it has been proven that the lack of public knowledge about the danger or the consequences of these actions. So when they are held accountable they are not able to account for their actions. For this reason, the government must intensify socialization so that people are wise in their activities in electronic media.