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All Journal Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Saragih, Fitrah Anata
Universitas Sumatera Utara
Religion Law, Crime, Criminology & Criminal Justice

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Defamation through Social Media: A Socio-Legal Study on the Effectiveness of Community-Based Countermeasures Saragih, Fitrah Anata; Agusmidah, Agusmidah
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 1 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i1.23825

Abstract

Defamation is a violation that attacks a person's honor and image. In terms of legal sociology, this defamation case also needs to be used as well as using the theory of legal effectiveness in society, where to enforce the law not only law enforcement officers play an important role but also the community. As is the case when viewed from the study of the sociology of the law of defamation through social media, this is due to the culture of society that uses information and communication technology as a source of long-distance information and receives various information in seconds, so it is undeniable that with this development, various crimes will arise such as defamation through social media, as this act is also regulated in the ITE Law, namely Law Number 19 of 2016 concerning Law Number 11 of 2011, where there are rules regarding defamation through social media.
Disparities in Judges’ Decisions on Defamation Crimes via Social Media (A Study of Medan District Court Decisions Number 2040/PID.Sus/2022/PN.Mdn and Number 3563/PID.Sus/2019/PN.Mdn) Saragih, Fitrah Anata; Trisna, Wessy; Tarigan, Vita Cita Emia
Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam Vol 6, No 2 (2025): Al-Qanun: Jurnal Kajian Sosial dan Hukum Islam
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58836/al-qanun.v6i2.25301

Abstract

This study discusses the disparity of judges' decisions regarding criminal acts of defamation through social media (Study of Medan District Court Decision Number 2010 / Pid.Sus / 2022 / PN.MDN, and Medan District Court Decision Number 3563 / Pid.Sus / 2019 / PN.MDN. This study uses a normative legal research type. The results of this study are that the legal regulation of this criminal act of defamation is regulated by Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning ITE, which is contained in Article 27 paragraph 3 which reads: Every person intentionally and without the right to distribute and / or transmit and / or make accessible Electronic Information and / or Electronic Documents that contain insults and / or defamation. ". As for the two decisions above, there are differences in the judge's decisions where in the first decision the perpetrator of the criminal act of defamation committed through social media is subject to criminal sanctions in accordance with the ITE Law where the perpetrator is subject to a prison sentence of 3 month while the verdict of the two perpetrators of the crime of defamation through social media also but the judge said the verdict was acquitted where the reason the defendant committed his act was because the victim had no intention of paying the debt to the defendant and the victim also cut off communication with the defendant so that the defendant was forced to do his act, and the judge took into consideration in this case that no party was harmed and that comprehensive justice was created.
Co-Authors Agusmidah Agusmidah Tarigan, Vita Cita Emia Trisna, Wessy