TINJAUAN YURIDIS TINDAK PIDANA PENYEBARAN BERITA BOHONG DAN MENYESATKAN MENURUT UNDANG-UNDANG NO. 19 TAHUN 2016

Abstract

The hoax news and racial elements that were spread on social media suddenly spread rapidly, resulting in divisions between communities. This has really had a negative impact on the life of the nation and state. The government as the person in charge of the state, and in order to guarantee the implementation of the 1945 Constitution, issued Law no. 19 of 2016 concerning Amendments to Law no. 11 of 2008 concerning Electronic Information and Transactions, in which the basis of the considerations states that to guarantee recognition and respect for the rights and freedoms of others and to fulfill fair demands in accordance with considerations of security and public order in a democratic society, it is necessary to amend the Law Law Number 11 of 2008 concerning Electronic Information and Transactions in order to realize justice, public order, and legal certainty; that based on the considerations as referred to in letter a, it is necessary to form a Law concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. These rules are divided into 2 (two) major parts, namely regulations regarding information and electronic transactions and regulations regarding prohibited acts. The prohibition of spreading and / or making hoax news is regulated in Law No. 19 of 2016 regarding ITE. Where the prohibition is contained in article 45 of the ITE Law. Meanwhile, the sanctions are regulated in Article 28 of the ITE Law. The spread of hoax news is classified as a complaint offense, where a complaint is required before a legal process of investigation or investigation is carried out. The main task of the police BARESKRIM MABES POLRI and several Regional Police (POLDA) in the field of cyber crime is to carry out investigations and investigations of repressive cyber crimes or law enforcement, which have different duties with the usual police. Key Word : Crime, Fake News