KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI SARANA ELEKTRONIK DIKAITKAN DENGAN SURAT KEPUTUSAN BERSAMA MENKOMINFO, JAKSA AGUNG DAN KAPOLRI
Abstract
Defamation is different from a statement in the form of an opinion or
opinion, it is not included in the object of a criminal act of defamation because of
an opinion or opinion that is not intended to intentionally bring down someone's
self-esteem. The government officially signed a Joint Decree (SKB) of three
institutions regarding guidelines for the implementation of certain articles of the
Law on Information and Electronic Transactions (UU ITE), the SKB was signed
by the leaders of three institutions, namely the Minister of Communications and
Informatics, the National Police Chief, and the Attorney General.
This type of research can be classified in the type of normative legal
research which is also known as doctrinal law research. Normative legal research
is to find the truth of coherence, namely whether there are legal rules according
to legal norms and are there norms in the form of orders or prohibitions that are
in accordance with legal principles and whether a person's actions are in
accordance with legal norms (not only in accordance with legal rules) or legal
principles.
The conclusions that can be obtained from the results of the research are:
First, the criminal law policy against criminal acts of defamation through
electronic means is linked to the Joint Decree of the Minister of Communication
and Information, the Attorney General and the National Police Chief regarding
the ITE Law can be used as a guide in formulating new regulations and on This
basis is necessary so that the judge's interpretation is not misused. Second, the
ideal concept in formulating criminal law policies against criminal acts of
defamation through electronic means, namely providing the Formulation of
Criminal Acts of the ITE Law should use the principles of "Lex Certa" and "lex
stricta" (Clarity of Formulation and Objectives), Lex certa teachings namely a
statutory regulation should not be interpreted other than the purpose of the
substance of the statutory regulation.
Keywords: Policy, Law, Defamation, Joint Decree, Ideal Concept.
opinion, it is not included in the object of a criminal act of defamation because of
an opinion or opinion that is not intended to intentionally bring down someone's
self-esteem. The government officially signed a Joint Decree (SKB) of three
institutions regarding guidelines for the implementation of certain articles of the
Law on Information and Electronic Transactions (UU ITE), the SKB was signed
by the leaders of three institutions, namely the Minister of Communications and
Informatics, the National Police Chief, and the Attorney General.
This type of research can be classified in the type of normative legal
research which is also known as doctrinal law research. Normative legal research
is to find the truth of coherence, namely whether there are legal rules according
to legal norms and are there norms in the form of orders or prohibitions that are
in accordance with legal principles and whether a person's actions are in
accordance with legal norms (not only in accordance with legal rules) or legal
principles.
The conclusions that can be obtained from the results of the research are:
First, the criminal law policy against criminal acts of defamation through
electronic means is linked to the Joint Decree of the Minister of Communication
and Information, the Attorney General and the National Police Chief regarding
the ITE Law can be used as a guide in formulating new regulations and on This
basis is necessary so that the judge's interpretation is not misused. Second, the
ideal concept in formulating criminal law policies against criminal acts of
defamation through electronic means, namely providing the Formulation of
Criminal Acts of the ITE Law should use the principles of "Lex Certa" and "lex
stricta" (Clarity of Formulation and Objectives), Lex certa teachings namely a
statutory regulation should not be interpreted other than the purpose of the
substance of the statutory regulation.
Keywords: Policy, Law, Defamation, Joint Decree, Ideal Concept.
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