Penegakan Hukum Terhadap Tindak Pidana Pencemaran Nama Baik Melalui Media Berdasarkan Konsep Hukum Pidana

Abstract

Various cases of defamation lately often occur, especially those carried out through cyberspace. The various cases have raised opinions from some people who consider the articles on the offense of defamation contrary to the spirit of reform that upholds freedom of opinion and expression. From this background, this study aims to determine and understand the policy of criminalization of defamation offenses in Indonesia. This research is a normative legal research using secondary data sources in the form of primary, secondary and tertiary legal materials. Legal material is obtained through the study of documents or literature. While the approach used is the legal and philosophical approach. The collected legal materials were analyzed qualitatively, comprehensively and completely. From the analysis conducted, two conclusions are obtained. First, the basis for the justification of the crime of defamation of defamation is moral theory and individualistic liberal theory. The criminalization of the defamation offense is in line with the cultural values of the community and the religious values of the Indonesian people, as well as the protection of the material and immaterial interests of the community.