Analisis Yuridis Tindak Pidana Pencemaran Nama Baik melalui Penggunaan Meme di Media Sosial

Abstract

This study is to find out what legal rules will be enforced when such things happen and what the impact or legal consequences will be. This research uses a normative juridical approach. The data needed in this study were collected in two types of data, namely Primary Data, which is data obtained from the results of literature review through searching library materials such as literature, books, newspapers, articles, Legislation, agency archives, decisions of the panel of judges, and secondary data is data obtained from searching memes on social media that are suspected of containing elements of insult or defamation. Data analysis by processing primary data and secondary data using Descriptive Juridical analysis techniques, namely by aligning and describing the real situation regarding the criminal act of defamation through the misuse of internet memes on social media. The research results reveal that the implementation of laws and regulations related to defamation through social media that apply in Indonesia is based on Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information & Electronic Transactions and the legal consequence is the punishment of the perpetrators of the crime, but it is felt that it has not been effective and does not have a deterrent effect on the perpetrators, because it is a complaint offense, and the criminal sanctions are also much lighter as in Article 45 paragraph (3) Law Number 19 of 2016 with a maximum prison sentence of 4 years so that the perpetrator will not be detained during the investigation and examination process at trial.

Keywords:  Criminal Defamation, Juridical Analysis of Crimes, Juridical Analysis Social Media