P PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI MEDIA SOSIAL

Abstract

The rapid development of social media platforms has facilitated the widespread dissemination of information, but has also increased the incidence of criminal acts of defamation. In Indonesia, defamation through social media is regulated in Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE), which criminalizes acts that harm a person's reputation. This study examines law enforcement against perpetrators of criminal acts of defamation on social media, focusing on challenges such as jurisdictional issues, difficulties in proving, and the balance between freedom of expression and legal accountability. The method used in this study is the normative juridical method, namely an approach carried out by analyzing the data obtained and connecting them to each other to obtain clarity regarding the truth or vice versa, especially in the field of Criminal Law related to law enforcement against criminal acts of defamation through social media. Based on the research results, the implementation of enforcement against criminal acts of defamation through social media is linked to Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of Law Number 19 of 2016 concerning Information and Electronic Transactions, in its implementation it is hampered by factors that influence it, namely the first legal factor, law enforcement factors, means or facilities factors, and community factors. Efforts to overcome defamation through social media can be carried out with 2 (two) models, namely preventive and referential prevention.
Keywords: defamation, social media, law enforcement, ITE Law, cybercrime, freedom of expression.