TINJAUAN YURIDIS TINDAK PIDANA UJARAN KEBENCIAN MELALUI MEDIA SOSIAL

(Studi Kasus Putusan Nomor 115/Pid.Sus/2019/PN.Tim)

Abstract

The purpose of this study is to examine the application of material criminal law
and judge's considerations in cases of hate speech crimes through social media
that cause SARA in Decision Number 115/Pid.Sus/2019/PN.Tim. The type of
research used is normative juridical. The nature of the research is descriptive.
The data source used is secondary data. The data collection technique used
literature study. The data analysis technique used qualitative analysis. The results
of the analysis show that the application of material criminal law that the
Defendant is legally and convincingly proven guilty of committing a criminal act
“Intentionally and Without Right to Disseminate Information Intended to Incite
Hatred or Individual Hostility. And/or Certain Community Groups Based on
Ethnicity, Religion, Race, and Intergroup with imprisonment for five months and a
fine of Rp. 200,000,000.00 on the condition that if not paid, it is replaced with
imprisonment for one month. The judge's legal considerations in imposing
criminal acts of hate speech through social media that give rise to SARA are
juridical factors, namely witness statements, defendants' statements, instructions,
legal considerations and considerations of mitigating and aggravating matters.
Keywords: crime, hate speech, social media