Abstract
<em>The paper aimed to analyze the position of defamation as a complaint delict in the ITE Law and the chances of applying penal mediation in the settlement of criminal defamation charges in the ITE Law. This research uses a normative legal research with qualitative analysis</em><em> techniques. The research result shows that defamation in the field of ITE is a complaint delict that the settlement of the case can be done through the Alternative Dispute Resolution (ADR) outside the court through penal mediation mechanism. The settlement of criminal cases through penal mediation has been in line with the direction of the renewal of Indonesian criminal law which is moving towards improving the impact of a criminal act as part of the purpose of criminalization. Penal mediation that promotes the values of consensus deliberation is also in line with the basic values of Pancasila, to encourage peace between the conflicting parties and improve the reputation, self-esteem, and dignity of victims damaged by defamation committed by the perpetrators. The advantages of penal mediation have not been followed by the rule of law of the event that regulates specifically the procedure of penal mediation so that not a few cases of defamation are ultimately decided by criminal sanctions to the perpetrators. Therefore, the mechanism of penal mediation needs to be regulated in the Indonesian Criminal Code in the future, to provide guarantees of a fair and beneficial criminal settlement for all parties, as well as a guarantee of the right to free responsible speech.</em>
Highlights
The rapidly evolving technological advances have led people to more advanced, modern, and free civilizations and patterns of life or commonly referred to as the era of globalization
Looking at the social development of the community and the negative implications of conflict opportunities, the law in Indonesia has taken a role in dealing with changes through the Indonesia Law Number 11 year 2008 concerning Information Technology and Electronic Transactions jo. the Indonesia Law Number 19 year 2016 concerning Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions
According to Von Lizt, the complaint delict objectively was due to direct losses which were protected, while according to memorie van toelichting (MvT) this delict was born as a result of the view that if the authorities were actively involved in the prosecution it would bring harm to the injured party so that the decision whether it was necessary to prosecute was left to the consideration of the person who feels wronged (Lamintang, 2013: 218)
Summary
The rapidly evolving technological advances have led people to more advanced, modern, and free civilizations and patterns of life or commonly referred to as the era of globalization. The development of criminal law studies, especially regarding the relationship between perpetrators and victims, opens the possibility that a criminal act can touch the private sphere of the victim (Mulyadi, 2015: 2) With this in mind, it is necessary to think about including new concepts in criminal law, one of which is the mediation of penalties in defamation cases which are complaints delict in the ITE Law as an alternative means of settlement. The concept that the author offers is a manifestation of the renewal of Indonesian criminal law that wants to put forward humanism in law enforcement efforts as well as a means of solving criminal cases that provide benefits to the litigants Taking into account this background, the authors consider two problems, namely: first, what is the position of defamation as a complaint delict in the ITE Law? The three writings, as well as existing writings or scientific papers, have not discussed the issue of penal mediation for complaints delict, especially aimed at resolving defamation cases according to the ITE Law
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