PERTANGGUNGJAWABAN PIDANA TERHADAP PERS YANG MENYEBARKAN IDENTITAS TERSANGKA SECARA BEBAS DIKAITKAN DENGAN ASAS PRADUGA TAK BERSALAH

Abstract

Criminal acts committed by the press in the form of spreading the
identity of the suspect freely are basically acts committed by press companies
and/or journalists as well as editors, at every level who carry out their duties and
functions and can represent corporations, which can result in criminal liability.
Both the corporation and together with their employees personally, can be held
criminally responsible. The mode of disseminating the identity of the suspect
exists in various forms. The reason and the purpose of the press to disseminate the
identity of suspects is to maximize profits and survive from global competition, as
well as the lack of strict regulation on the press that spreads the identity of
suspects freely, the lack of punishment for press perpetrators is also the reason
for repeated mistakes. This press crime is regulated in Law Number 40 of 1999
concerning the press.
This research uses a typology of normative legal research or also known
as doctrinal legal research, which specifically discusses legal principles. In this
study, the author uses a descriptive research, because the author describes
criminal liability for the press that spreads the identity of the suspect freely linked
to the principle of the presumption of innocence.
The results of the research conducted by the author are, the press must be
held criminally responsible because the press as the maker and at the same time is
responsible for the profits obtained by the press or the losses suffered by the
victims can be so large and the crime of spreading the identity of the suspect
freely by the press has the main motive is in the interests of the press itself and
can be a source of other crimes. Judges should in imposing sanctions on the press
be subject to criminal penalties as regulated in Law Number 40 of 1999
concerning the press, Articles 483 and 484 of the Criminal Code. In the
sentencing, there are various obstacles, including the fines given to the crime of
spreading the identity of the suspect and contrary to the principle of presumption
of innocence which is considered not in accordance with the consequences.
Keywords: Liability–Identity of the Suspect –Presumption of Innoncence