PEMBUKTIAN TINDAK PIDANA SENGAJA DAN TANPA HAK MENDISTRIBUSIKAN DAN/ATAU MENTRANSMISIKAN DAN/ATAU MEMBUAT DAPAT DIAKSESNYA INFORMASI ELEKTRONIK PENCEMARAN NAMA BAIK (Studi Putusan Nomor 214/Pid.Sus/2018/PN Ktg)

Abstract

ABSTRAK Defamation includes a crime that can be disturbing and inconvenience for someone to damage the good name of his actions. By violating Article 45 Paragraph (3) Jo. Article 27 Paragraph (3) RI Law No. 19 of 2016 concerning ITE. The formulation of the problem: 1) How is the proof of a crime in Decision No. 214/Pid.Sus/2018/PN.Ktg? 2) What are the judges' considerations on Decision No. 214/Pid.Sus/2018/PN.Ktg?. This type of normative juridical research, data sources are secondary data originating from tertiary, secondary and primary laws. The method used to collect data in this study is to use a document study, the data that has been obtained will be analyzed with a qualitative nature. Conclusions: 1) The proof of a criminal act is in the form of a theory of criminal evidence and types of evidence, 2) The judge's considerations are based on the considerations of non-juridical and juridical judges.