Indonesian Journal of Law and Justice
Vol. 2 No. 3 (2025): March

The Process Of Resolving Compensation Claims Against Victims Of Defamation Through Social Media

Silitonga, Hartati (Unknown)
Esther, July (Unknown)
Nababan, Roida (Unknown)



Article Info

Publish Date
30 Jan 2025

Abstract

Defamation through social media has become a significant problem in the digital era. This study aims to analyze the process of resolving compensation claims due to defamation and the form of legal protection based on the Civil Code. The research uses a normative juridical method with a qualitative approach, referring to laws and regulations, court decisions, and legal doctrine. The results show that dispute resolution can be done through litigation and non-litigation channels. Litigation includes formal stages such as filing a lawsuit, mediation, proof, and a judge's decision based on Articles 1365 and 1372 of the Civil Code. Meanwhile, non-litigation channels such as negotiation and mediation emphasize peaceful settlement. Legal protection for victims includes material and immaterial damages, the amount of which is determined based on the perpetrator's guilt, causal relationship, and strong evidence. Although restitution is generally in the form of money, other forms of restitution are also possible. This study emphasizes the importance of a fair and proportional legal approach to safeguard victims' rights and prevent abuse of freedom of expression on social media.

Copyrights © 2025






Journal Info

Abbrev

lawjustice

Publisher

Subject

Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Indonesian Journal of Law and Justice ISSN 3031 0016 is a peer-reviewed scholarly journal dedicated to presenting high quality research in the field of law and justice in Indonesia. The focus and scope of this journal are, Constitutional Law, Criminal Law and Criminology, Civil and Business Law, ...