Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

Analysis of Public Interest as A Means of Eliminating Criminal Actions in The Offence of Defamation Through Facebook Media (Study of Decision No. 84/Pid.Sus/2024/PN TNN)

Setyanegara, M Sulthan Rafi (Unknown)
Widjajanti, Ermania (Unknown)



Article Info

Publish Date
24 Jun 2025

Abstract

Defamation or insult frequently occurs on social media platforms such as Facebook. In the ruling of Case Number 84/Pid.Sus/2024/PN Tnn, the defendant was accused of defaming a public figure. However, the exception of public interest can serve as grounds for eliminating the qualification of a criminal act for defamation, as stipulated in Article 310 paragraph (3) of the Indonesian Criminal Code. This paper focuses on analyze the public interest as a reason for eliminating criminal penalties in criminal acts of defamation which is studied based on the decision of the Tondano District Court Number 84/Pid.Sus/2024/PN Tnn. This study uses secondary data consisting of primary legal materials, namely Law No. 19 of 2016 concerning Information and Electronic Transactions and the Criminal Code, as well as relevant secondary legal materials The results indicate the importance of a thorough interpretation of the public interest exception in defamation cases to ensure that judges appropriately impose criminal penalties on offenders.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...