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All Journal PAMALI: Pattimura Magister Law Review Nomos : Jurnal Penelitian Ilmu Hukum
Julvina, Julvina
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Law, Crime, Criminology & Criminal Justice

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Criminal Law and Civil Law Accountability for the Spread of Fake News in the Digital Era Julvina, Julvina; Hutauruk, Rufinus Hotmaulana; Sudirman, Lu
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2352

Abstract

Introduction: Freedom of expression in the digital era without any restrictions indirectly triggers the spread of fake news. The freedom to spread news or broadcasts often transcends legal, cultural and religious boundaries. Therefore, fake news is used as a tool to attack honor and bring down the good name of a person or group.Purposes of the Research: This research aims to analyze criminal and civil law regulations related to the spread of fake news in the digital era in Indonesia.Methods of the Research: Through normative legal research methods, this study examines various relevant regulations, including the Criminal Code, Civil Code, and Electronic Information and Transaction Law.Results Main Findings of the Research: The results of the study show that both criminal and civil laws already have mechanisms to overcome the spread of fake news. In the criminal realm, sanctions are given to perpetrators who spread fake news with a wide impact, such as inciting riots or violating human rights. Related articles in the Criminal Code and the Electronic Information and Transaction Law, such as Article 160 of the Criminal Code and Article 28 paragraph (3) jo. Article 45A paragraph (3) of the Electronic Information and Transaction Law, provides a strong legal basis. Meanwhile, civil law allows aggrieved individuals to claim compensation through the concept of unlawful acts in the Civil Code. A comparison between criminal and civil law shows that these two systems are complementary: criminal law focuses on providing a deterrent effect and protecting the public interest, while civil law places more emphasis on the recovery of individual losses. While existing regulations are adequate to deal with the spread of fake news, increased legal awareness in the community, stronger law enforcement, and more effective prevention mechanisms are needed to deal with the challenges in this digital age.
Analysis of Judicial Considerations in the Case of Fake News Dissemination and Its Impact on Public Order Hutauruk, Rufinus Hotmaulana; Sudirman, Lu; Julvina, Julvina
Nomos : Jurnal Penelitian Ilmu Hukum Vol. 5 No. 1 (2025): Volume 5 Nomor 1 Tahun 2025
Publisher : Actual Insight

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56393/nomos.v5i1.2974

Abstract

This research addresses the legal issues surrounding the dissemination of false news, particularly in the case of Decision Number 686/Pid.Sus/2021/PN JKT, which involves the spread of fabricated content on social media. The purpose of this study is to analyze judicial considerations in the legal handling of fake news and its implications on public order. The research employs a normative legal method, using secondary data from the court's decision and analyzing it through document analysis with a case-based and conceptual approach. The results highlight the court's focus on the intentionality of the defendants, their awareness of the false nature of the content, and the potential risks of public unrest. The study concludes that while media freedom is constitutionally protected, it must be exercised responsibly, especially in the digital age, to prevent harm to public order and societal harmony. This case underscores the need for greater media accountability and the balance between freedom of expression and public safety.
Co-Authors Hutauruk, Rufinus Hotmaulana Lu Sudirman