Journal of Innovative and Creativity
Vol. 5 No. 3 (2025)

Peran Ganda Media Sosial dalam Penegakan Hukum Indonesia: Analisis Sosio-Legal antara Peluang Transparansi dan Risiko Erosi Due Process

Triadi, Irwan (Unknown)
Akbar, Febrian Rizky (Unknown)



Article Info

Publish Date
06 Dec 2025

Abstract

This socio-legal study analyzes the dual role of social media in Indonesia's criminal justice system from 2019 to 2024 through thematic analysis of 15 viral legal cases. The research demonstrates that while social media enhances transparency and accelerates investigations in 80% of cases examined, it simultaneously erodes fundamental due process principles in 53% of cases through trial by social media and digital vigilantism. The phenomenon of "no viral no justice" reveals a critical institutional failure, where law enforcement agencies have externalized case prioritization functions to digital virality metrics rather than maintaining equal application of law. The study introduces the concept of "justice outsourcing" to explain how public pressure forces hasty responses that may compromise the presumption of innocence and equality before the law. Through analysis of secondary data including regulatory frameworks, institutional reports, and verified digital documentation, this research identifies a central tension between substantive justice demands and procedural integrity. The findings reveal that law enforcement responses, while demonstrating adaptability, often sacrifice careful investigation protocols for rapid public satisfaction. The study proposes a collaborative governance model involving law enforcement, digital forensic specialists, and independent fact-checking communities, alongside regulatory updates to the Criminal Procedure Code (KUHAP) and the Information and Electronic Transactions Law (UU ITE), to mitigate disinformation risks while protecting suspect rights and maintaining due process standards in the digital public sphere.

Copyrights © 2025






Journal Info

Abbrev

joecy

Publisher

Subject

Education Languange, Linguistic, Communication & Media Mathematics Social Sciences Other

Description

Journal of Innovative and Creatifity (JOECY) publishes research articles in the field of education which report empirical research on topics that are significant across educational contexts, in terms of design and findings. The topic could be in curriculum, teaching learning, evaluation, quality ...