JURIDICIAL REVIEW OF THE IMPLEMENTATION OF CRIMINAL SANCTIONS ON THE CRIMINAL ACTION OF HATRED EXAMINATION IN SOCIAL MEDIA

Abstract

In the current era of information technology, the phenomenon of high cases related to hate speech is actually not so surprising. Many people have predicted the occurrence of this phenomenon. Almost all countries have even anticipated this by regulating the prohibition of such acts in their countries. This writing aims to find out how to apply criminal sanctions against perpetrators of hate speech in social media and also the principles that apply in this issue and the judge's judgment in deciding cases against perpetrators of hate speech in Social Media.

The problem approach that will be used to discuss problems in writing this law is the normative juridical approach. The approach is carried out based on the main legal material by examining theories, concepts, principles of law and legislation related to this research.

The application of criminal sanctions by the Panel of Judges for cases of hate speech in social media refers to Article 28 paragraph (2) of Law no. 11 of 2008 with the maximum penalty of imprisonment of 6 (six) years and / or a maximum fine of Rp. 1,000,000,000.00.- (one billion). Judges' consideration of 2 (two) decisions with Defendants Jonru Ginting and Ahmad Dhani is according to legal facts and the elements contained in Article 28 paragraph (2) of Law No. 11 of 2008, namely: everyone; intentionally and without rights; disseminating information intended to incite hatred or hostility of certain individuals and / or groups of people based on ethnicity, religion, race, and intergroup (SARA), besides that the Panel of Judges considers matters that incriminate and alleviate, as for matters that are damning that the Defendant's actions cause unrest in the community and can lead to division among groups. Meanwhile, the things that lighten the defendant has never been convicted and as the head of the household who provides for the Defendant's family.