AMBIGUITAS PENGGUNAAN FRASA “TANPA HAK” DALAM RUMUSAN DELIK BERITA BOHONG LEWAT SOSIAL MEDIA

Abstract

A good statutory regulation is a statutory regulation that fulfills the principles of establishing good statutory regulations. The principle is imperative and is specifically regulated in the provisions of the law so that it mut be implemented. However, it is not uncommon for this principle to be neglected regardless of whether it was intentional or not. The use of the phrase “without rights” in article 28 paragraph (1) of law Number 11 year 2008 concerning electronic information and transactions creates ambiguity. In conducting this research the author uses normative or doctrinal research is the law. The author conducts an analysis of the conflict between article 28 paragraph (1) with the principle of the formation of legislation, as well as the 1945 constitution of the republic Indonesian. The results show that the use of the phrase “without rights” to formulate a hoax offense is inappropriate because the news lying in principle is a crime. Therefore, article 28 paragraph (1) does not fulfill the principle of clarity of formulation, so that it has the potential to harm human rights as regulated in article 28D of the Republic of Indonesia, namely legal certainty.