JURNAL LITIGASI (e-Journal)
Vol. 24 No. 2 (2023)

PENGARUH TRIAL BY THE PRESS TERHADAP PENEGAKAN HUKUM PIDANA DI INDONESIA

Sonora Gokma Pardede (Magister Ilmu Hukum Universitas Indonesia)
Febby Mutiara Nelson (Magister Ilmu Hukum Universitas Indonesia)



Article Info

Publish Date
31 Oct 2023

Abstract

Press coverage on criminal news has allegedly conducted trial by the press. Media seems to take the role as law enforcement by searching for evidence, interviewing witnesses, analyzing the case and at the end judging based on their opinion towards the criminal case. Trial by the press certainly contradict the principle of presumption of innocence and the fair trial. Trial by the press often found when reporting the news of murder case of Brigadier Yosua and the domestic violence case of Valencya. This research studied about the impact of trial by the press on the process of criminal law enforcement in Indonesia and how the media covers the criminal case to avoid trial by the press. The research method used is juridical normative with conceptual analysis, statute approach and case analysis. The findings of the research are that trial by the press resulted in trial by the public where people conclude their own judgment of one particular case. Post entry into force of the New Penal Code, alleged media conducting trial by the press is subject to imprisonment and fine under Article 281 of the New Penal Code Keywords: Trial by The Press, Pers, Presumption of Innocent, Fair Trial.

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Journal Info

Abbrev

litigasi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher ...