Legal Analysis of Legal Protection for Women in Criminal Acts of Disseminating Information and Fake News

Abstract

The widespread circulation of hoax news can have a negative impact on the development of Indonesia. Hoaxes can spark debate and even break up friendships. Furthermore, hoaxes containing ethnic, religious, and racial (SARA) content are highly susceptible to causing friction between communities, disrupting national stability and diversity. The issue of hoaxes is further complicated by the fact that most perpetrators are women who are unaware of the legal consequences of their actions. The research method is sociological juridical.The regulatory basis for the spread of fake news or hoaxes is regulated in Law Number 11 of 2008 which has been amended to Law Number 19 of 2016, Article 28, paragraphs 1 and 2. In addition, other regulations for the spread of fake news or hoaxes can also be ensnared by other related articles, namely Articles 310, 311, 378 and 390 of the Criminal Code. With the increasingly rapid development of technology today, there are increasingly diverse and many new crimes committed through electronic media, in this case the spread of fake news (Hoax) which is currently rampant. Current regulations regarding fake news have regulated not only the creators of the fake news who are given criminal sanctions but also for the perpetrators who participate in sharing (share/forward) the fake news. Currently, there are still many obstacles in enforcing the spread of fake news (Hoaxes), starting from legal substance factors to law enforcement factors in Indonesia and existing infrastructure factors, this is a fairly difficult obstacle in resolving and eradicating cases of the spread of fake news (Hoaxes).