The Crime Of Damage After the Constitutional Court's Decision Number 76/PUU-XV/2017

Abdul Kadir Jaelani,Resti Dian Luthviati

doi:10.53955/jhcls.v1i1.5

Abdul Kadir Jaelani, Resti Dian Luthviati

Open Access

https://doi.org/10.53955/jhcls.v1i1.5

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Abstract

From 2009 until now, there have been 30 cases tried by the Court with the use of Article 27 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. These various cases have raised opinions from some people who consider defamation offenses contrary to the spirit of reform that upholds freedom of thought and expression. Crime of reputation after the Constitutional Court Decision Number 50/PUU-VI/2008, Constitutional Court Decision Number 2/PUU-VII/2009, Constitutional Court Decision Number 5/PUU-VIII/2010, Constitutional Court Decision Number 31/PUU-XIII/ 2015, and the Decision of the Constitutional Court Number 76/PUU-XV/2017 concerning the Review of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 regarding Information and Electronic Transactions against the 1945 Constitution of the Republic of Indonesia are regulated in detail with one of the points, namely making changes in Article 27 paragraph (3) of the ITE Law and reducing criminal threats in 2 (two) provisions. Keywords: Reputation Offenses; Legal Certainty; Constitutional Court.

Highlights

Freedom of expression is the right of every individual since birth which the constitution has guaranteed
From 2009 until now, there have been 30 cases tried by the Court with the use of Article 27 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions
Crime of reputation after the Constitutional Court Decision Number 50/PUU-VI/2008, Constitutional Court Decision Number 2/PUU-VII/2009, Constitutional Court Decision Number 5/PUU-VIII/2010, Constitutional Court Decision Number 31/PUU-XIII/ 2015, and the Decision of the Constitutional Court Number 76/PUUXV/2017 concerning the Review of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 regarding Information and Electronic Transactions against the 1945 Constitution of the Republic of Indonesia are regulated in detail with one of the points, namely making changes in Article 27 paragraph (3) of the ITE Law and reducing criminal threats in 2 provisions

Summary

INTRODUCTION

Freedom of expression is the right of every individual since birth which the constitution has guaranteed. The more mature a nation is, the more freedom of speech and expression of thought it will be respected.2 They are viewed from the other side related to human nature as a creature created by God, in humans inherent rights that are fundamental (basic) and universal. Opinion and expression refer to Article 28F, Indonesia's 1945 Constitution (2nd Amendment, adopted in August 2000) and Article 19 of the United Nations Universal Declaration of Human Rights (UDHR). This significant growth has made policymakers in Indonesia begin to regulate the internet, especially by recriminalizing acts that have been handled in the Criminal Code This regulation and recriminalization are manifested in Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). This paper will try to discuss how to regulate defamation in the laws and regulations in Indonesia and the criminal responsibility of perpetrators of defamation of officials after the decision of the Constitutional Court Number 76/PUU-XV/2017

DISCUSSION

CONCLUSION