REFORMULASI DELIK TINDAK PIDANA PENGHINAAN CITRA TUBUH (BODY SHAMING) DI MEDIA SOSIAL DIKAITKAN DENGAN PRINSIP ASAS LEGALITAS
Abstract
Crime of Body Image Shaming (Body Shaming) is a crime that is rife in Indonesia. Criminal
insulting body image (Body Shaming) gives a bad impact for individuals who experience it such as
depression, and eating disorders. Perpetrators of Criminal Actions for defamation of body image (Body
Shaming) can be charged with applicable Laws, although in reality there is no article that specifically
regulates the criminal conduct of body image defamation. There should be a more specific regulation
regarding the crime of insulting body image (body shaming) on social media because Indonesia is a country
that adheres to the principle of legality, if a crime occurs then it will be seen whether there are legal
provisions that govern it and whether the existing rules can be applied to criminal offenses that occur the
body is not ideal and / or not like body shapes in general. Based on this understanding, the authors identify
two problem formulations, First how to regulate the crime of insulting body image (Body Shaming) in the
present condition of crime (Body Shamig) on social media in criminal law. Second, how the reformulation of
the crime of insulting body image (Body Shaming) on social media is related to the principle of legality.
This type of research can be classified in normative juridical research, because this research is
conducted by examining secondary data and approaches to law, this normative research examines the
principles of legal principles of law. The data sources used are, primary data, secondary data, tertiary data,
data collection techniques in this study are normative juridical, the data used is library research.
Based on the results of research and the problem in this study is the regulation of criminal acts that
insult body image (body shaming) in criminal law in Indonesia refers to Article 315 of the Criminal Code
about insults and Article 27 Paragraph (3) of the ITE Law. In the ITE Law, there are articles which are
considered more suitable to ensnare the perpetrators of the crime of insulting body image (Body Shaming).
In Article 27 Paragraph (3) of Law Number 11 Year 2008 Changes to Law Number 19 of 2016 Electronic
Information and Transactions lacks a definite rule regarding body shaming criminal acts which causes
many problems or losses experienced by the victim. The absence of a definite rule regarding the body
shaming crime has caused many problems or losses experienced by the victim. The need for a legal update
related to the existence of regulations and their implementation. The renewal of the ITE Law was carried
out because it was not yet ideally for the crime of insulting body image through social media
Keywords: Insult, Body Shaming, Criminal Law Renewal
insulting body image (Body Shaming) gives a bad impact for individuals who experience it such as
depression, and eating disorders. Perpetrators of Criminal Actions for defamation of body image (Body
Shaming) can be charged with applicable Laws, although in reality there is no article that specifically
regulates the criminal conduct of body image defamation. There should be a more specific regulation
regarding the crime of insulting body image (body shaming) on social media because Indonesia is a country
that adheres to the principle of legality, if a crime occurs then it will be seen whether there are legal
provisions that govern it and whether the existing rules can be applied to criminal offenses that occur the
body is not ideal and / or not like body shapes in general. Based on this understanding, the authors identify
two problem formulations, First how to regulate the crime of insulting body image (Body Shaming) in the
present condition of crime (Body Shamig) on social media in criminal law. Second, how the reformulation of
the crime of insulting body image (Body Shaming) on social media is related to the principle of legality.
This type of research can be classified in normative juridical research, because this research is
conducted by examining secondary data and approaches to law, this normative research examines the
principles of legal principles of law. The data sources used are, primary data, secondary data, tertiary data,
data collection techniques in this study are normative juridical, the data used is library research.
Based on the results of research and the problem in this study is the regulation of criminal acts that
insult body image (body shaming) in criminal law in Indonesia refers to Article 315 of the Criminal Code
about insults and Article 27 Paragraph (3) of the ITE Law. In the ITE Law, there are articles which are
considered more suitable to ensnare the perpetrators of the crime of insulting body image (Body Shaming).
In Article 27 Paragraph (3) of Law Number 11 Year 2008 Changes to Law Number 19 of 2016 Electronic
Information and Transactions lacks a definite rule regarding body shaming criminal acts which causes
many problems or losses experienced by the victim. The absence of a definite rule regarding the body
shaming crime has caused many problems or losses experienced by the victim. The need for a legal update
related to the existence of regulations and their implementation. The renewal of the ITE Law was carried
out because it was not yet ideally for the crime of insulting body image through social media
Keywords: Insult, Body Shaming, Criminal Law Renewal
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