The Assignment Of BIH

Chandrika sangari
19602126

DEFAMATION BY MEANS OF SOCIAL MEDIA

Abstract

The media social is a tool that greatly affects everyday life that makes everyday activities easier,
but on the other hand it also has a great adverse impact in the social world, which has an impact
on one's mental. The case of a case that is often found is, defamation, virtual world fraud that has
a bad impact on the victim, and for it is made the rules that maintain and manage.

Introduction

In this article, it will discuss how dangerous the internet world if it is misused, and it cannot be
denied also a lot of individuals who use the internet gap with the aim of dropping or harming
people, for that I will provide news about the occurrence of the other side of social media.

Recs, there have been many legal cases related to technology, namely the Internet and Social
Media, including cases of defamation through internet social media. In fact, it can be said that
almost every day similar cases actually occur, which is due to the freer people are in expressing
their opinions via the internet, in this case social media. One of the cases that very often occurs is
a case of humiliation or defamation through internet social media.

Prior to the existence of social media, regulations regarding defamation were regulated in the
provisions of the articles of the Criminal Code as follows:

1. Article 310 of the Criminal Code, which reads: (1) Anyone who deliberately damages
the honor or reputation of a person by accusing him of committing an act with the
express intention of publicizing the accusation, shall be punished for insulting, with a
maximum imprisonment of nine months or a fine of the maximum amount. -a total of
Rp. 4,500, - “. (2) If this is done in writing or pictures that are broadcast, shown in
public or pasted, then the person who does this is punished for insulting in writing
with a maximum imprisonment of one year and four months or a maximum fine of
Rp. 4,500, -.
2. Article 315 of the Criminal Code, which reads "Any deliberate insult that is not
defamatory or defamatory in writing committed against a person, either in public
orally or in writing, or in the face of the person himself orally or in deed, or by a letter
 sent. or given to him, he is threatened with light humiliation by a maximum
imprisonment of four months and two weeks or a maximum fine of four thousand and
five hundred rupiahs. "

After the existence of the internet, it is regulated in the provisions of the ITE Law,
namely: Article 27 paragraph (3) of the ITE Law, which reads: "Everyone deliberately and
without right distributes and / or transmits and / or makes electronic information accessible and /
or accessible. electronic documents containing insults and / or defamation ”, Article 45 of the
ITE Law, which reads: (1) Everyone who fulfills the elements as referred to in Article 27
paragraph (1), paragraph (2), paragraph (3), or paragraph (4) shall be punished with
imprisonment for a maximum of 6 (six) years and / or a maximum fine of Rp1,000,000,000.00
(one billion rupiah).

Whereas defamation, which directly or through social media / internet is the same is a complaint
offense, namely an offense that can only be processed by the police if there is a complaint from
the victim. Without a complaint, the police cannot investigate the case.

As for the complaint offense itself based on the provisions of Article 74 of the Criminal
Code, it can only be reported to the investigator within 6 (six) months from the time the incident
occurred. This means that after the past 6 (six) months, cases of defamation either directly or
through social media / internet can no longer be investigated. Therefore, those of you who feel
defamed either directly or through internet social media must complain about it within that time
period. In addition, a sentence or words that are insulting or defamatory, so that a criminal can be
charged must meet the elements in public, meaning that if it is done directly in front of two or
more people, and if through social media it must be done in a place that can be seen a lot. people
such as facebook walls, group posts, and so on. Insult sentences sent directly to the inbox or
direct chat cannot be categorized as insulting or defamation, because the elements of public
knowledge are not fulfilled.

That is a glimpse of the criminal act of defamation through social media / internet.