scholarly journals Criminal Response Formulation Policy Distribution News (Hoax) through Social Media

2021 ◽  
Vol 2 (6) ◽  
pp. 13-21
Author(s):  
Hendral Veno ◽  
Chepi Ali Firman ◽  
Dey Ravena ◽  
Aji Mulyana

The spread of fake news (hoax) is increasingly prevalent nowadays. Hoax is fake news that often appears on the internet and aims to spread panic and mass fear. Many irresponsible individuals carried out an activity to achieve a goal that can cause unrest, chaos, and disrupt state security. The research objective is to understand the criminal provisions in the ITE Law into conditions that follow the development of the criminal act of spreading hoaxes—knowing the policy formulation in handling the spread of fake news (hoax) through social media in Indonesia in the future. The approach method used in this research is a normative juridical approach. The types of data used in this study are secondary data and primary data. This research is classified as a kind of qualitative research. The results of this study indicate that: The provisions that follow the development of the criminal act of spreading fake news (hoax) are seen from several aspects. First, the factory itself, the second legal factor of law enforcement officers, the third is facilities and infrastructure, fourth, the community factor. In terms of this aspect, the formulation of criminal law in dealing with fake news in the future looks better and more complete, especially in the concept of the Criminal Code, which regulates things that can be convicted regarding fake news and hate speech, the form of fake news and hate speech in cyberspace. The current criminal law policy still has shortcomings, especially in terms of policy formulation.

2019 ◽  
Vol 2 (1) ◽  
pp. 24-33
Author(s):  
Apen Diansyah

ABSTRAKPenelitian ini ditujukan untuk mengetahui penerapan denda terhadap pelanggar berlalu lintas di kota Bengkulu ditinjau dari Undang-undang Nomor 22 Tahun 2009, serta untuk mengetahui faktor penghambat dalam penerapan pidana denda terhadap pelanggar barlalu lintas di Kota Bengkulu. Penelitian dilaksanakan disatuan lalu lintas Polres dan Polda Kota Bengkulu. Adapun data yang didapatkan adalah data primer dan data sekunder melalui penelitian lapangan dan penelitian kepustakaan, kemudian data dianalisis dengan cara deskriptif. Peraturan yang tertera pada undang-undang yang tertera sepenuhnya untuk meningkatkan kesadaran untuk setiap pelanggar yang melakukan pelanggaran, tetapi pada kota Bengkulu undang-undang tersebut tidak sepenuhnya berjalan efektif. Menurut pandangan Undang-undang 22 Tahun 2009, penerapan pidana denda masuk dalam kategori pidana pokok (sesuai Pasal 10 KUHP) sebagai urutan terakhir atau keempat, sesudah pidana mati, pidana penjara dan pidana kurungan. Selain dari itu, faktor penghambat keefektifan Undang-undang seperti faktor ekonomi, faktor kedekatan emosional dan faktor kekebalan institusional.Kata kunci: tindak pidana; hukum pidana; dendaABSTRACTThis study aims to determine the application of violators from cities in Bengkulu in terms of Law Number 22 of 2009, and to find out the inhibiting factors in the application of fines to traffic violators in the city of Bengkulu. The research was carried out in the traffic city of the City Police of the City of Bengkulu. The data obtained are primary data and secondary data used for library research and research, then the data are analyzed descriptively. The regulations stated in the law that are fully stated to increase awareness for every offender who commits an offense, but in the city of Bengkulu the law is not fully effective. According to the view of Law 22 of 2009, the application of criminal fines falls into the main criminal category (according to Article 10 of the Criminal Code) as the last or fourth order, after the death penalty, imprisonment and imprisonment. Apart from that, factors inhibiting the effectiveness of the law such as economic factors, emotional proximity factors and institutional immune factors.Keywords: crime; criminal law; fines


2020 ◽  
Vol 3 (1) ◽  
pp. 237
Author(s):  
Sumaryono Sumaryono ◽  
Sri Kusriyah Kusriyah

Fraudulent criminal acts that have been regulated in the Criminal Code (KUHP) with various modes, one of which is fraud by shamans with a multiplied money mode has made law enforcers increasingly have to rack their brains to be able to prove it. This study aims to examine and analyze law enforcement by the judge in decision No.61 / Pid.B / 2019 / PN.Blora with consideration of the criminal elements. The research method used is a sociological juridical approach. The specifications of the study were conducted using descriptive analytical methods. The data used for this study are primary and secondary data. The data consists of primary data and secondary data using field research methods, interviews, and literature studies. Based on the research it was concluded that the case ruling number 61 / Pid.B / 2019 / PN Bla with a fraud case with shamanism practices in the mode of duplicating the judge's money considering that the Defendants have been indicted by the Public Prosecutor with alternative indictments, so the Panel of Judges paid attention to the facts The aforementioned law decides on the first alternative indictment as regulated in Article 378 of the Criminal Code Jo Article 55 paragraph (1) of the 1st Criminal Code by considering the elements of that article.Keywords: Criminal Law Enforcement; Fraud; Multiple Money.


2021 ◽  
Vol 1 (2) ◽  
pp. 101
Author(s):  
Elsa Intan Pratiwi

This study aims to analyze the forms of action that are categorized as body shaming crimes and criminal law enforcement against body shaming crimes on social media. This study uses a normative juridical approach. The data used is in the form of secondary data consisting of primary and secondary legal materials. The data collection method uses literature study and descriptive qualitative analysis. The results of this study indicate that, the forms of action that are categorized as body shaming crimes, namely: the words uttered contain elements of physical insult and have humiliated and lowered one's self-esteem because they can be seen/witnessed by many people, making them feel sad and depressed. Perpetrators of body shaming can be charged under Article 315 of the Criminal Code, with a maximum imprisonment of four months and two weeks or a maximum fine of four thousand and five hundred rupiahs. And if it is done on social media, the perpetrator can be charged under Article 27 paragraph (3) jo. Article 45 paragraph (3) of the ITE Law with a maximum imprisonment of four years and/or a maximum fine of seven hundred and fifty million rupiah. The police also offer a settlement process in a non-litigation context, namely by maximizing penal mediation to reduce the build up of cases in court.


2020 ◽  
Vol 3 (2) ◽  
pp. 307
Author(s):  
Sisno Pujinoto ◽  
Anis Mashdurohatun ◽  
Achmad Sulchan

The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds).Keywords : Institutions; Forgiveness; Rechterlijk Pardon; Considerations; Judges; Decisions.


2020 ◽  
Vol 3 (1) ◽  
pp. 41
Author(s):  
Junaidi Junaidi ◽  
Sri Endah Wahyuningsih ◽  
Ira Alia Maerani

The problems of this study were 1) corporate position as the subject of criminal law in Indonesia? 2) law enforcement against corporations as subjects of a criminal offense of embezzlement in office at the Court Sumber of Cirebon Regency? 3) accountability of corporate directors to the crime of embezzlement in office by Court Sumber of Cirebon Regency.The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The source and types of data in this study are primary data obtained from interviews with field studies The defendant and the Legal Counsel in prisons Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively.Based on the results of this study are The position of the corporation as a subject of criminal law in particular is currently only recognized in the Act governing the criminal offense outside the Criminal Code. Law enforcement has inkracht / final until a court decision with the principle of lex generalis / delict general, instead of using the principle of lex sepesialis for in the Penal Code there is no article regulating the criminal offense of corporate (Company Law) Law Company Limited of the Republic of Indonesia No. 40 of 2007 . Accountability director of the corporation against the crime of embezzlement in a position based on the decision of the Court Sumber of Cirebon Regency is from the start (LP) Police Report Number: LP B / 446 / X / 2017 / Jabar / RES CRB dated October 8, 2018 and has been decided by the Court in decision Number 202 / Pid.B / 2019 / PN Sbr.Keywords : Responsibility; Corporate; Crime; Fraud; Position.


2021 ◽  
Vol 8 (2) ◽  
pp. 275-291
Author(s):  
I Made Wirya Darma

Legal politics examines changes within present law due to consistent demands and needs of people. Legal politics continue to develop the rule of law, from the Ius Constitutum, which is based on the previous legal framework, to the formulation of the law in the future, the Ius Constituendum. The Indonesian 2019 draft of Criminal Code formulates customary sanctions as the fulfillment of customary obligations in several articles. These articles provide a new paradigm of criminal law policy to formulate criminal law reform in the future for customary sanctions in cases of customary crimes. The study used normative juridical or library research on normative legal substances. It aims to reveal the truth based on scientific logic from the normative side by examining library materials or secondary data consisting of primary and secondary legal materials. The results show that the fulfillment of customary obligations can be expected to become criteria or signs/guidelines for judges to determine “law that lives in society” or “The Living Law” as a source of law (material legality) in the future. It is a form of new paradigm in the renewal of customary criminal law. Thus, customary (criminal) law can become (1) a positive source of law, in the sense that customary criminal law (sanctions) can be the legal basis to examine cases at the Court; and (2) negative sources of law, in the sense that the provisions of customary criminal law (sanctions) can be justified reasons, reasons for mitigating punishment or providing more severe punishment.


2009 ◽  
Vol 9 (2) ◽  
Author(s):  
Ruby Hadiarti Johny

Contempt of Court historically comes from Common Law in England where as it represents the king as the God Representative in the world to punish whoever against its commands and prohibitions.  The term of Contempt means indignity so contempt of court means an action insulting the board of court.  The researcher is interested in the Contempt of Court research in Indonesia since there are a lot cases which could be qualified as Contempt of Court but the regulation has not been clear enough. The data needed are secondary data and supported by the primary data got from interviews with the experts of criminal law.  The result of the research shows that the basic idea of the contempt of court  managed  in the criminal code is closely related with and afford to promote the high authority and privilege. Contempt of Court in Indonesia is implemented in the articles which spread out of the Criminal Code especially offences related with “rechtspleging” and draft of law of criminal code which has been directed on its chapter itself namely Chapter VI about crime act on holding the judicature from the article 325 up to 335 of draft of law of the Criminal Code.  The conducts which could be classified as the contempt of court is now days essential in Indonesia to keep the authority and privilege of justice institution to take action againts the actors of contempt of court  to apply the articles of Criminal Code. Kata kunci : melawan hukum, sistem hukum


2017 ◽  
Vol 19 (1) ◽  
pp. 56
Author(s):  
Muhammad Iftar Aryaputra ◽  
Ani Triwati ◽  
Subaidah Ratna Juita

<p>There are some problems with a formulation of fine in the Penal Code. These problems can be identified as follows, first, the number of fine in the Penal Code do not conform with the current state of the economy; second, the last change of nominal fine in the Penal Code is 1960 through Law (Prp) No. 18 of 1960; Third, the fine in the Penal Code already outdated when compared with the penalty of a fine in the special penal laws. The Supreme Court (MA) as the highest authority of the judiciary in Indonesia, issued Regulation No. 2 Year 2012. Issues examined in this study: (1) How to legislative policy (formulation) the reduction of crime by criminal penalties? How applicable are policies tackling crime in the Criminal Code with a penalty before and after the release of Perma No. 2 of 2012? The method used in this research is normative. In addition to using a normative approach, the research was supported by the approach of legislation and case approach. Secondary data as the primary data in this study primarily focused on legislation and court decisions, which were analyzed qualitatively.</p>


2021 ◽  
pp. 1279
Author(s):  
Cindy Cindy ◽  
Lydia Imelda Rachmat ◽  
Yahya Abdi Nugroho ◽  
Tatang Ruchimat

Information technology has important functions both now and in the future. Advances in technology make it easier for us to get information, but apart from having a good impact, technology can also have a bad impact, such as breaking the law. One example of a violation of the law on social media is cyber crime, which uses computers as a tool or target for criminal means (Widodo: 2011). The spread of fake news is an example of cyber crime that is quite rampant in Indonesia. no exception in the current pandemic, it also makes people afraid of information on social media and sometimes panics. The rise of this incident has made law enforcement in Indonesia run a cyber patrol system with the aim of monitoring the activities of spreading fake news (hoaxes), or the movement of terrorist networks, as well as other crimes related to social media. This is regulated in the ITE Law, Article 390 of the Criminal Code, Articles 14 and 15 of Law No.1 Year 1946 which is the legal basis for handling cyber crimes. The police are trying to overcome all the impacts of hoaxes and cybercrimes by establishing the Directorate of Cyber Crime. using research methods that focus on secondary data processing and data analysis is carried out qualitatively using deductive logic (Soekanto and Mamudji 2007). The results of this study are known that cyber crimes, especially hoax news, create panic in the community and solutions that can be done in overcoming these crimes that occurred. Teknologi informasi memiliki fungsi penting baik sekarang maupun di masa depan. Kemajuan teknologi mempermudah kita untuk mendapatkan informasi, namun selain berdampak baik teknologi juga bisa berdampak buruk, seperti pelanggaran hukum. Salah satu contoh pelanggaran hukum di media sosial adalah cyber crime, yang menggunakan komputer sebagai alat ataupun sasaran untuk sarana kejahatan (Widodo:2011).Penyebaran berita bohong merupakan salah satu contoh kejahatan siber yang cukup marak terjadi di Indonesia .Persentase penyebaran berita bohong sangatlah tinggi tidak terkecuali di masa pandemi seperti saat ini,juga membuat masyarakat menjadi ketakutan dengan informasi yang ada di media sosial dan  terkadang membuat menjadi panik.Maraknya kejadian ini membuat penegak hukum di indonesia menjalankan sistem patroli cyber dengan tujuan untuk memantau aktivitas penyebaran berita bohong (hoaks), atau pergerakan jaringan terorisme, serta kejahatan lainnya yang berkaitan dengan media sosial. Hal ini diatur dalam UU ITE, Pasal 390 KUHP, Pasal 14 dan 15 UU No.1 Thn.1946  yang menjadi landasan hukum terhadap penanganan kejahatan dunia maya. Kepolisian berupaya untuk menanggulangi semua dampak dari berita bohong (hoaks) maupun kejahatan dunia maya dengan membentuk Direktorat Tindak Pidana Siber.Artikel ini dibuat dengan tujuan agar masyarakat bisa lebih kritis terhadap setiap berita yang disebarkan di media sosial dan semakin bijak dalam menggunakannya .Dalam artikel ini menggunakan metode penelitian yang berfokus pada data sekunder pengolahan dan analisis data dilakukan secara kualitatif dengan menggunakan logika deduktif(Soekanto dan Mamudji(2007). Hasil dari penelitian ini diketahui bahwa kejahatan siber terutama berita hoaks membuat panik masyarakat dan penyelesaian yang dapat dilakukan dalam mengatasi kejahatan-kejahatan yang terjadi


2017 ◽  
Vol 30 (1) ◽  
pp. 31-47 ◽  
Author(s):  
J. Ignacio Criado ◽  
Francisco Rojas-Martín ◽  
J. Ramon Gil-Garcia

Purpose The diffusion of social media among public administrations has significantly grown in the last years. This phenomenon has created a field of research that seeks to understand the adoption and impact of social media in the public sector. The purpose of this paper is to identify the factors that make social media successful in Spanish local governments. Design/methodology/approach The paper is based on an adapted version of a neo-institutional model: Enacting Electronic Government Success (EEGS). The data have been collected through three main sources: primary data from a questionnaire designed and conducted by the authors, secondary data of statistical sources, and tertiary data collected through Klout Score. Findings The results from a survey and statistical analysis provide preliminary validation of the model and show a direct relationship between organizational, institutional, and environmental factors with the successful use of social media in local public administrations. The data analysis shows that ten variables jointly explain 54.6 percent (adjusted R2=0.546) of the variability observed in the dependent variable. Research limitations/implications First, the analysis model used represents a limited sample size to carry out a complex quantitative analysis. Second, the use of Klout Scores can offer some bias. Finally, certain variables complicate the comparative potential of the study. Originality/value This study provides original primary data and contributes to the growing field of study related to social technologies in public administrations. This research also confirms in an exploratory way the validity of the EEGS model.


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