Criminal Defamation Research Articles

The Only Path to Justice: The Criminal Legal System and Defamation Judgments Related to #MeToo in Sweden

This article presents a study of court judgments involving women who, in connection with #MeToo, identified alleged perpetrators of sexual violence in social media and were later prosecuted for and convicted of criminal defamation in Sweden. We conceptualise the use of social media to share experiences of sexual violence as an informal path to justice. First, we show that this is supported by how court judgments describe women’s reasons for sharing their information, such as telling their story and sharing it with others. Second, according to Swedish defamation law, a truth defence is allowed only if the defamatory statement is first considered to be justifiable, balancing between the defendant’s interest of freedom of speech and the complainant’s interest of honour and reputation. We show that the courts did not assign the interest of speaking out about sexual violence such a significance that it would make the statement justifiable. In effect, the criminal justice system emerges as the only path to justice for victims of sexual violence, simultaneously making perpetrators invisible and victims responsible for telling without naming.

The Urgency of Restorative Justice Principles in Law Enforcement Efforts against Defamation Crimes through Social Media Twitter in Indonesia

This study seeks to ascertain the efforts to enforce restorative justice especially through defamation crimes on social media twitter based on positive law and inhibiting and supporting factors in the enforcement of restorative justice in criminal defamation on twitter social media in Indonesia. The method being used for this research is normative and the data collection method to be used is Library Research. The results of this study indicate that the National Police Chief Regulation No. 8 of 2021 provides a legal basis for the integration of restorative justice in police actions against crimes related to information and electronic transactions. The Indonesian National Police responded to the growing legal needs by developing new ideas through the National Police Chief Circular Letter No. 08/2018 and SE/2/II/2021 on Ethical Cultural Awareness in Digital Space. The obstacles mainly arise from the lack of regulations, especially in the ITE Law which has not specifically accommodated restorative justice as a solution in cases of criminal information and electronic transactions. Besides the fact it requires a mutual agreement between the victim and the perpetrator, restorative justice also cannot be applied if the perpetrator uses an anonymous account that cannot be identified.

Analisis Pencemaran Nama Baik Artis Bunda Corla Dan Penyalahgunaan Hak Kebebasan Berpendapat Di Media Sosial

Today's era of globalization has become one of the media used to express opinions or views. Freedom of opinion, especially on social media, is currently widely misunderstood and abused by the public, because in exercising the right to freedom of opinion, many people carry out actions which result in insults, accusations without evidence and defamation which causes loss, hurt feelings, Mental health even has an impact on suicide situations for certain individuals and groups. The problem in this research is that many social media users give opinions or views that the female artist with the real name Chintya, who is an Indonesian citizen living in Germany or better known as Bunda Corla, is a transgender. This was conveyed clearly on social media Instagram and Tiktok without supporting evidence. This is an activity of defamation, an attempt to influence other people to believe in their opinions or views to the detriment of one party. If we look at the criminal law and violations of the misuse of the right to freedom of expression on social media and the criminal sanctions for criminal acts of defamation under the guise of freedom of opinion, this already refers to 3 crimes, defamation, unpleasant acts and violations of human rights. . Persons involved in defamation cases can be charged with criminal penalties for acts of insult and/or defamation on the internet. Especially for internet users, criminal threats through Article 27 paragraph (3) in conjunction with Article 45 of the ITE Law. Through this provision, internet users can also be subject to coercive measures considering the maximum penalty is 5 years in prison. The method used in research is the literature method, data collection techniques in the form of documentation and observation. Data from observations is in the form of screenshots from social media. The results of this research show that; comments on social media are included in several violations of existing laws in Indonesia, the ITE Law article 45 paragraph 1, the Defamation Law articles 310 and 311 of the Criminal Code; Threat of Criminal Defamation in the ITE Law Article 27 paragraph (3) in conjunction with Article 45. Source of material Instagram, TikTok, primary and secondary law. This research concludes that freedom of opinion is not absolute freedom, but rather, opinion must be in accordance with ethics and norms in society and in accordance with legal regulations without harming any party. and these unpleasant acts can be prosecuted in accordance with applicable legal provisions. Freedom of opinion on Instagram and Tiktok media aimed at Mother Corla has been proven to be defamation.

Implementasi Prinsip Restorative Justice Dalam Penanganan Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial

This study discusses and examines the application of the concept of Restorative Justice in the settlement of criminal defamation cases by the Lampung Regional Police Investigator, as well as policies in efforts to apply Restorative Justice in the settlement of criminal defamation cases in the future. The results of research and discussion show that the role of the Investigator of the Cyber Unit of the Lampung Regional Police in the application of restorative justice to criminal defamation cases through social media includes the receipt of complaints. Then it continues in the investigation phase with the qualification of the case, summons, and termination of the investigation. The Restorative justice approach is considered capable of realizing a simple, fast and low-cost justice system, thus further ensuring the fulfillment of legal certainty and community justice. It involves a process whereby all parties at risk in a particular crime jointly seek to collectively resolve how to deal with the aftermath of the crime and its implications in the future. The suggestion in this study is that as law enforcers, investigators at Subdit V Cyber Polri Polda Lampung in this case are expected to hold regular socialization to the public about restorative justice, because there are still many who do not understand the term restorative justice, and it is hoped that the application of restorative justice in Indonesia for criminal defamation cases through social media will get attention More than the government by issuing a clearer legal or regulatory umbrella that criminal defamation can be resolved with a restorative justice approach.

Pertanggungjawaban Pidana Pencemaran Nama Baik Pejabat Pemerintah Melalui Media Sosial

Defamation is a form of evil associated with dishonour and a person's good name. As the digital era of libel proliferates, the result of this development, many people suffer, even government officials. This study uses a legal-normative research method. Data collection was carried out by means of a literature study on related legal materials and analyzed descriptively. The results of the research show Indonesian legislation to protect an Indonesian person's honour and the good name was regulated under section 19 of 2016 to change section number 11 of 2008 in article 27 about information and electronic transaction (3). The criminal defamation applies to the delicht in article 45 (5) so that only victims can report. The complaint applies to all citizens, both civil and government officials. Article 45 of verse (3) arranges a criminal form of liability. Criminal liability includes criminal prison threats and criminal penalties.

The Disclosure of Sexual Assault on Social Media in Indonesia: A Criminal Law Perspective

This study aimed to determine the factors that contribute to the prevalence of people speaking up and claiming to be victims of sexual assault, as well as to determine whether speaking up on social media is criminal defamation. This empirical legal research analyzed the issue by using sociological and victimological approaches. The results of this study showed that the factors which cause the ’victims’ to speak up on social media for sexual harassment they have experienced comprised of awareness, mental readiness that manifested into psychological resilience, lack of knowledge of the law and means of filing reports, the culture of victim-blaming, difficulties in proof, benefits to others, a desire to receive an apology from the perpetrator and a sense of justice. Furthermore, if the sexual assault could not be proven, speaking up on social media raised the possibility of being reported by the alleged perpetrators for criminal defamation under Article 27, paragraph 3 of Law Number 19 of 2016 on the Amendment of Law Number 11 of 2008 on Information and Electronic Transactions.
 Keywords: Criminal Defamation, Sexual Assault, Social Media

Analysis of Imprisonment Implementation against the Perpetrators of the Cybercrimes

This study aims to analyze the application of criminal sanctions to Law Number 11 of 2008 Jo. Law Number 19 of 2016 in the criminal act of defamation or insult decision Number 30/Pid.Sus/2020/PN Tte, and what is the purpose of the threat of imprisonment in the criminal act of mayantara or cyber crime decision Number 30/Pid.Sus/2020/PN Tte about defamation. The research method used in this studyconduct research that is analytical descriptive by using normative legal research or normative juridical. Analytical descriptive legal research is a method that functions to describe or give an overview of the object under study through data or samples that have been collected as they are without conducting analysis and making general conclusions. In other words, analytical descriptive research takes problems or focuses attention on problems as they were when the research was carried out, the results of the research were then processed and analyzed to draw conclusions. The results of this study indicate thatApplication of criminal sanctions by the Panel of Judges for the criminal act of mayantara Decision Number 30/Pid.Sus/2020/PN Tte. regarding Defamation or insult on social media refers to Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of Law Number 11 of 2008 jo. Law number 19 of 2016 concerning ITE with the threat of imprisonment for 5 (five) years and 6 (six) months and a fine of Rp. 100,000,000.00 (one hundred million rupiah) if the fine cannot be paid by the Defendant, it is replaced by imprisonment for 3 (three) months. However, the Panel of Judges in its Consideration stated that the defendant alias Damrin was legally and convincingly guilty of also committing an act that had a charge that violated decency. The aim of imposing imprisonment on perpetrators of criminal defamation through electronic media is as retaliation for disgraceful acts, as a form of overcoming criminal acts to protect society and to create a deterrent effect on perpetrators. This goal is heavily influenced by criminal philosophies in criminal law.

Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial Yang Dilakukan Oleh Anak

This study aims to analyze the application of diversion to children who commit criminal acts of defamation through social media. The normative juridical method is carried out through analysis obtained from library materials such as books, dictates, and others related to statutory regulations and the concept of jurists as the basis of their research. This study uses a legal concept analysis approach, statutory analysis, and a case approach related to the application of criminal sanctions in cases of defamation. The results of the study concluded that the provisions for criminal defamation through social media are regulated in Article 27 paragraph (3) of Law Number 11 of 2008 concerning Information and Electronic Transactions and cannot be separated from the main legal norms in Article 310 and Article 311 of the Criminal Code as a genus of delict which requires a complaint (klacht) to be prosecuted.

CORRELATION BETWEEN GENERAL CRIMINAL PROVISIONS AND SPECIAL CRIMINAL PROVISIONS CONCERNING THE CRIMINAL ACTION OF DEFENSE

The purpose of this study is to find out how the general criminal and special criminal arrangements regarding the criminal act of defamation. This research uses an empirical juridical approach. The juridical approach is used to analyze various laws and regulations related to the implementation of the criminal defamation settlement process. Meanwhile, the empirical approach is used to analyze law which is seen as patterned social behavior in people's lives that always interact and relate to social aspects. The provisions for criminal acts of defamation in the Information and Electronic Transactions Law in its implementation refer to the legal provisions in the Criminal Code Articles 310 and 311 of the Criminal Code and the Electronic Information and Transactions Act Article 27 paragraph (3), Article 45 paragraph (1). This was emphasized because it was the result of an amendment to the provisions of Article 27 paragraph (3) which was considered by some people to be a rubber article because it was not accompanied by an explanation of the article regarding the measure of being said to be defamation.

KEPASTIAN HUKUM ATAS TINDAK PIDANA PENCEMARAN NAMA BAIK BERDASARKAN KEPUTUSAN BERSAMA TENTANG PEDOMAN IMPLEMENTASI ATAS PASAL TERTENTU DALAM UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK

Several articles governing acts that are punishable by law in Law Number 11 of 2008 concerning Information and Electronic Transactions as amended by Law number 19 of 2016 concerning Amendments to Law number 11 of 2008 concerning Information and Electronic Transactions, in its implementation, it still creates multiple interpretations and controversy in society, so it is necessary to prepare implementation guidelines for law enforcement officials in carrying out their duties and authorities. Whereas there are several decisions on criminal defamation which in fact convict people who are victims, as in Decision No. 12/Pid.Sus/2019/PN Kmn the defendant had to serve a prison sentence of (1) one month as a result of his statement on Facebook which basically stated that the victim in the a quo case was a perpetrator and the husband of the defendant also admitted in his statement as a witness before the trial that The defendant's husband once had an romantic relationship with the witness-victim which resulted in the Defendant and the Victim's husband being separated. This resulted in a legal vacuum in enforcing the criminal defamation law because what was stated by the Defendant was what it was, and for this decision the Defendant suffered a great loss. many, namely the breakdown of family relationships and also having to serve time in prison. So that the Birth of the Joint Decree is expected to be the starting point for achieving legal objectives that prioritize benefits, certainty, and justice.

PENERAPAN RESTORATIVE JUSTICE KEPOLISIAN TERHADAP PENCEMARAN NAMA BAIK DALAM DUNIA DIGITAL

<p><em>The National Police of the Republic of Indonesia is given a very broad authority in carrying out its duties as the main task of the National Police, among others Harkamtibmas, Protecting, Mengayami, Serving the community and Law Enforcement, in which it is also given another authority that is discretionary police an authority to perform actions based on the conscience of police members on duty and supported by the rules that exist in police institutions. The issue that will be discussed is whether the concept of Restorative Justice in accordance with the Circular letter of the Police Chief Number SE/2/II/2021 on Ethical Cultural Awareness to Realize a Clean Digital Space of Indonesia, Healthy, and Productive can be applied in accordance with the Law of the Republic of Indonesia No. 19 of 2016 Amendments to Law No. 11 of 2008 on Information and Electronic Transactions and Criminal Defamation regulated in the Criminal Code as an alternative to suppress cybercrime, but also must be able to as a deterrent effect in order to provide protection for the human rights of others.</em></p>

PENERAPAN RESTORATIVE JUSTICE TERHADAP TINDAK PIDANA PENCEMARAN NAMA BAIK DALAM HUKUM PIDANA ISLAM

This research discusses the application of restorative justice to criminal defamation in Islamic criminal law. This research is a literature research that examines literature related to problems that are studied using normative theological approaches and juridical approaches. This study aims to elaborate and compare the application of restorative justice to criminal defamation in Islamic criminal law and national criminal law. The implication of this study is that the application of restorative justice to defamation crimes in Islamic criminal law is resolved by mediation (outside the court) first and then through the court channel.

Sanksi Pidana Tentang Pencemaran Nama Baik Melalui Media Internet

Later, there were reports about defamation allegations by various parties. The causes vary, ranging from writing on mailing lists, forwarding emails, reporting corruption, reporting events in the media, revealing research results, and a series of other actions. This study aims to describe the legal arrangements regarding defamation in Indonesian criminal law and criminal sanctions for perpetrators of criminal defamation through the internet media. The type of research used is normative legal research, that is, research that focuses on norms and this research requires legal materials as the main data. Meanwhile, the nature of the research that the author uses is research that is descriptive analytical in the sense that all legal materials that the author gets will be described and described and then analyzed. The results showed that: The regulation of defamation law as stipulated in the Criminal Code interprets that, the main element of the criminal act of defamation is the intention to attack a person's honor or good name so that the general public knows about it, as well as the absence of elements for the public interest and / or self-defense in it. This criminal act of defamation is also a complaint, where a person who defames another person cannot be prosecuted if there is no complaint from the person who has been defamed, as stipulated in Article 319 of the Criminal Code. As for the criminal liability for perpetrators of criminal defamation in the ITE Law, this is contained in article 51 paragraph (2) of Law Number 11 of 2008 concerning Electronic Information and Transactions in which a person who disseminates electronic information that contains insults and/or defamation and results in losses to others will be subject to a maximum prison penalty of 12 years and/or a maximum fine of 12 billion rupiah.

Implementation Of Restorative Justice By The Police On Defaming In Social Media

Abstract : The purpose of this research is to unravel the implementation of restorative justice by the police in criminal acts of defamation on social media, especially those that occur in the jurisdiction of the Gorontalo Regional Police. This type of research is empirical legal research using a field approach through interviews, supported by a statute approach and a case approach . The analysis used in this study is descriptive data analysis using a qualitative approach to secondary data and primary data. Based on the results of the study, the answers to the existing problems were obtained, that the effectiveness of the implementation of restorative justice by the police in the criminal act of defamation on social media in the Gorontalo Regional Police jurisdiction has actually been running in accordance with the expected restorative justice, although in its implementation it is still far in quantity when compared to the number of cases entered and processed through RJ. In 2019, 2020 and 2021 there were 11 cases of defamation that were resolved through RJ at the Gorontalo Regional Police and it is a success of the police as a mediator for resolving cases before entering the legal court process, the police have played their role in providing mediation offers to the parties in pursue restorative justice. All components involved in restorative justice or a restorative justice approach must implement in an integrated manner between the police, litigants, and community leaders as well as traditional leaders in cases of criminal defamation on social media.

Prinsip Proporsionalitas Dalam Kebijakan Formulatif Tindak Pidana Pencemaran Nama Baik Di Media Sosial

Proportionality in a criminal defamation policy on social media is crucial to ensure that individual conflicts in the society do not occur and fair policies are created. This study aims to identify whether the formulative policy for criminal acts of defamation on social media is in accordance with the principle of proportionality. This is a normative juridical research that uses statutory and conceptual approaches to analyze the formulation of the problem of the present study. The results of this study conclude that there is a contradiction between the criminal defamation law policy on social media and the regulation on freedom of opinion and expression as stipulated in Article 28 E and F of the 1945 Constitution. In addition, the policy for criminal defamation on social media is too high based on a comparison that refers to defamation sanctions in the Criminal Code and several court decisions on defamation cases on social media.

Systematic Construction of Articles of Criminal Defamation in Law Concerning Electronic Information and Transactions

Court decisions can be seen as the laboratory of logic after considering (legal reasoning) the legal facts that appear in court. The criminal defamation article has become a controversial law because of its elastic interpretation. The purpose of this article is to examine and analyze the systematic construction of the defamation article and its juridical consequences in article 27 paragraph (3) of Law No.19 of 2016 concerning Electronic Information and Transactions. The method used is normative juridical and the analytical orientation uses conceptual approach (Concept Approach) and the approach to legislation (Statue Approach). The conclusion of the research is the systematic construction of the criminal defamation article juridical formulated first: legal subjects (adresat), second : acts or criminal acts, third : criminal sanctions (Prison and Fines).The phrase “transmitted” is an extensive juridical formulation/formulation in accordance with the phrase “in public” as formulated in the Criminal Code. Disgraceful acts are formulated cumulatively (the word “and”) include intentionally and without rights (1) distributing and/or (2) transmitting and/or (3) making accessible Electronic Information and/or Electronic Documents. The formulation of the action convicted is cumulative-alternative marked by the phrase "and/or". The juridical weakness of this law is that there is no determination of the offense as a "crime" or "violation". This fact can be interpreted as the skepticism of legislators in the criminal approach in the ITE Law. The juridical consequence of the application of this article is the provision of a complaint offense. It is recommended that the formulation of the complaint offense follow the principle of harmonization of the main criminal law system (KUHP).

The Social Foundations of Defamation in Trial Court: Why Cases Begin and How They End

This article reports the results of a study of defamation cases in trial court. Robert Post’s conjecture that reputation comprises three distinct concepts forms the basis for the study’s central variable. The study develops and empirically tests a framework for understanding why defamation cases begin and how they end. The results show that the social characteristics of defamation cases, and especially how complainants describe their reputations, reveal predictable patterns of behavior. The study is based on a review of thousands of pages of documents in the trial court files of 337 defamation cases from Wisconsin. The implications of the study for development of the common law of defamation, for renewed attention to criminal defamation, and for teaching students about defamation are discussed.

Defamation of the President of Zambia: Contextualising the Decriminalisation Debate

The last two decades have seen a growing global movement towards decriminalising defamation. Numerous calls have been made at various levels for states to repeal all criminal defamation and ‘insult’ laws. Yet many states continue to maintain such laws on the statute books. Zambia is a case in point. This article focuses on the law that criminalises defamation of the President of Zambia, which the authorities have continued to apply with vigour. Diverging from extant judicial precedent upholding the constitutionality thereof, the article argues that that law is unconstitutional and falls foul of international standards on freedom of expression. The article culminates in a call for the decriminalisation of defamation of the President.

HATI-HATI ANCAMAN TINDAK PIDANA PENCEMARAN NAMA BAIK DI MEDSOS DALAM UU ITE NOMER 11 TAHUN 2008

The purpose of writing is to provide an understanding to the public about the susceptibility of being caught in the crime of defamation in the electronic transaction information law, so that in carrying out their activities on social media, they must be careful. So that people are free from the trap of criminal defamation on social media. People who have carried out many activities on social media must understand in depth the contents of the offenses contained in the electronic transaction information law which are prone to legal threats. In this paper, we use a normative legal study method that understands law as a positive legal system in statutory regulations. While the approach used is legal philosophy. The main materials used in this study are laws and regulations and other legal materials that support the theme of the study. The analysis was carried out descriptively to obtain a general description of the legal issues being studied. The results showed that there were several legal problems committed by someone who could be classified as a criminal act of defamation, so that they could be threatened with the electronic transaction information law

THE CRIME OF DEFAMATION – STILL DEFENSIBLE IN A MODERN CONSTITUTIONAL DEMOCRACY?

The crime of defamation, known as criminal libel in some jurisdictions, has (along with associated “insult laws”) been identified in the 2007 Declaration of Table Mountain of the World Association of Newspapers and News Publishers as the “greatest scourge of press freedom on the continent”. The Declaration proceeds to call for the abolition of such laws as a matter of urgency. This call has similarly been made in the Caribbean context by the International Press Institute and in the Commonwealth by the Commonwealth Human Rights Initiative (CHRI). Writing on behalf of CHRI, Cowell notes the “chilling effect” of defamation laws (along with the procedural laws and regulations governing libel actions), defining this phenomenon as “partially … self-censorship on the part of individuals but in general…a wider culture of fear and uncertainty within society that limits free speech”. On this basis, Cowell argues (for CHRI) that criminal defamation represents the “clearest threat to the exercise of freedom of speech withCommonwealth states” and that the “threat of criminal sanction can act as asignificant and widespread deterrent against all freedom of speech”, and that they should therefore be repealed. Similar calls forthe abolition of criminal defamation laws have issued from the Organization of American States and the Organization for Security and Co-operation in Europe, and in response to a complaint relating to a criminal libel conviction emanating from the Philippines, the United Nations Human Rights Council stated that “States parties should consider the decriminalization of defamation … application of the criminal law [in the context of defamation] should only be countenanced in the most serious of cases and imprisonment is never an appropriate remedy”.Despite these calls for the abolition of the crime, it is noteworthy that the crime is retained in many jurisdictions, including European jurisdictions and Commonwealth countries. For example, every Commonwealth state in the English-speaking Caribbean (except Grenada) has specific criminal libel laws, Asian Commonwealth countries such as India, Singapore and Malaysia have corresponding criminaldefamation provisions, and so do African Commonwealth countries such as Botswana and South Africa. In addition, Commonwealth members such as Australia and Canada retain criminal defamation laws. An approach from the Commonwealth Press Union arguing for the abolition of the crime of defamation on the basis that such a crime threatens freedom of expression and is subject to abuse, being used in cases which do not involve the public interest, did not find favour with the Commonwealth Law ministers in their meeting in Accra in 2005.