PENERAPAN PIDANA TERHADAP PELAKU TINDAK PIDANA UJARAN KEBENCIAN MELALUI MEDIA SOSIAL PADA KEPALA NEGARA (Studi Putusan Nomor: 46/Pid.B/2017/PN LBB)

Abstract

ABSTRAK

Hate speech on social media can be held liable with Article 45A of Law Number 11 Year 2008 concerning approval with Law Number 19 Year 2016 concerning Information and Electronic Transactions. Case Number: 46 / Pid.B / 2017 / LBB PN, Defendant RY was proven to be successful (SARA) by installing are pictureJokoWidodo as of president, Ahok, Megawati using a veil bearing 3 (three) stealth humans. Formulation of the problem are: (1) how about the application of the sentence to the criminal acts of the state court in case Number: 46 / Pid.B / 2017 / PN LBB? (2) how court's decision on the request for a state court crime in case Number: 46 / Pid.B / 2017 / PN LBB? The type of research used is normative legal research. Data sources were secondary data, primary data and tertiary data, data collection techniques with document studies, the data is analyzed qualitatively. Conclusions of the results of the study (1) Application of the investigation in Article 45A paragraph (2) jo Article 28 paragraph (2) of Law Number 11 Year 2008 updated with Law Number 19 of 2016 concerning Information and Electronic Transactions, Defendant in court 1 (one ) year 3 (three) months. (2) Judge's consideration of the court is based on juridical and non-juridical considerations, consisting of: (a) Juridical judgment supported by evidence and facts in court. (B) Non-juridical considerations based on aggravating and mitigating matters of Defendant RY.

Keywords: Criminal, Hate Speech, Social Media, Head of State.