ANALISIS YURIDIS TINDAK PIDANA UJARAN KEBENCIAN MELALUI MEDIA SOSIAL DI WILAYAH HUKUM POLDA MALUKU (Studi Putusan No. 319/PID.SUS/2021/PN AMB)

Abstrak

The background of this research is that the development of technology and
information as a result of globalization today has a very large influence on human life
and civilization. The progress that has had a major impact has also stimulated human
minds to continue to innovate, which can have both positive and negative impacts.
However, sometimes people use it to express negative things, one of which is hate
speech that can cause riots, both individuals and between groups.
This study aims to 1) Find out and analyze criminal law policies against hate
speech crimes based on positive law in the Maluku Regional Police, 2) Find out and
analyze what obstacles are faced in efforts to enforce the Criminal Law of hate
speech through social media in the Maluku Regional Police
This type of research is normative legal research and the nature of this
research is descriptive normative. Sources of data in this study are primary, secondary
and tertiary legal materials. The data collection technique used in this research is
library research. Analysis of legal materials is carried out by qualitative analysis.
The results of the study conclude that the regulation of hate speech crimes in
social media has been determined by the government through Law Number 19 of
2016 amendments to Law Number 11 of 2008 concerning Information and Electronic
Transactions; Article 28 paragraph (2) in conjunction with Article 45 paragraph (2);
Criminal Code; and Circular Letter (SE) Number SE/06/X/2015 by the police. The
application of the law against the crime of hate speech in social media, namely
investigations carried out by the police, demands by prosecutors, to the imposition of
a verdict through a judge's decision. All of this must be done professionally so that it
can realize a sense of justice, and the judge's consideration of the crime of hate
speech on social media in Decision Number: 319/PID.SUS/2021/PN AMBN with the
defendant Risman Solissa has been legally and convincingly proven guilty of
broadcasting a news or issue a notification, which can cause trouble among the
people while he should think that the news or notification is a lie, as regulated and
threatened in Article 14 paragraph (2) of the Republic of Indonesia Law no. 1 Year
1946
Keywords : Crime, Hate Speech, Social Media