Criminal Accountability for Spreading Hoax News on Social Media in the Construction of Criminal Law

Abstract

Currently, hoaxes have become a threat to national unity. The number of Hoaxes in 2021 Kominfo has blocked 565,449 hoax content circulating on social media. The criminal responsibility for spreading fake news (hoaxes) is regulated by several laws, including the Criminal Code and the ITE Law. This study aims to describe the spread of hoax news on social media and to examine criminal responsibility for spreading hoax news on social media in criminal law. This type of research is library research. The approach used is a normative approach, the data collection technique is through library research and is carried out online and analyzed using a descriptive-analytical research method. The results of this study indicate that not all news dissemination Hoaxes on social media can be held accountable, as stipulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions The spread of hoax news that can be held criminally responsible, namely the spread of hoax news that is done intentionally, defamation, extortion, harming consumers, containing racial elements, and threats of violence. A person can be held criminally responsible for spreading hoax news on social media if he has made a mistake as stipulated in Article 27, Article 28, Article 29 of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, so that if the perpetrators of spreading hoax news on social media do not fulfill the elements of the article, then they cannot be held accountable as perpetrators of spreading hoax news on social media.