PENERAPAN PIDANA TERHADAP TINDAK PIDANA UJARAN KEBENCIAN YANG DILAKUKAN MELALUI INTERNET

Abstract

ABSTRACT

The spread of hate speech through the internet violates the provisions of Article 28 paragraph (2) of Law Number 11 of 2008. One of the cases of dissemination of hate speech conducted through the internet is through Facebook. This case has occurred in Dharmasraya.The formulation of the problem are: (1) How is the criminal application of the criminal act of spreading hate speech via the internet in a case decision number 45/PID.B/2012/PN.MR, (2) How does the judge consider in imposing a criminal offense against the perpetrator of the spread of hate speech through internet in the case decision number 45/PID.B/2012/PN.MR. The research used normative approach; the data used was secondary data. Data was collected by document study and then analyzed qualitatively. The results of the study showed: (1) The application of a criminal offense against the spread of hate speech through the internet in a case decision number 45/PID.B/2012/PN.MR the judge imprisons for 2 (two) years and 3 (three) months and criminal a fine of Rp. 100.000.000,00 (one hundred million rupiah) with the stipulation that a non-paid fine is replaced by a confinement for 3 (three) months. (2) Judges' consideration in imposing a criminal offense against the spread of hate speech through the internet in a case decision number 45/PID.B/2012/PN.MR has been in accordance with juridical and non-juridical considerations Article 28 paragraph (2) Jo Article 45 paragraph (2) Law Number 11 of 2008 concerning Information and Electronic Transactions.

Keywords : Speech, Hate, Criminal, Internet.