PENERAPAN PIDANA TERHADAP TINDAK PIDANA UJARAN KEBENCIAN (HATE SPEECH) DI MEDIA SOSIAL DALAM KEBEBASAN BERPENDAPAT DI MUKA UMUM (Studi Putusan Nomor 828/Pid.Sus/2020/PN.Dps)

Abstract

ABSTRAK The application of Article 28 Paragraph 2 of the ITE Law caused public unrest against freedom of speech in public through social media as in the verdict 828/Pid.Sus/2020/PN.Dps. The defendant was convicted of 1 (one) Year 2 (two) Months and a fine of 10,000,000 (ten million rupiah) for violating the Article of Hate Speech. Types of normative juridical research from secondary data sources, library research data collection techniques, qualitative data analysis. Conclusion of research results: 1) Criminal Application imposed by the judge is a minimum criminal. 2) The consideration of juridical judges (JPU indictment and Evidence) has been fulfilled in court. Considerations of non juridical judges have been considered based on the social, psychological and criminological circumstances of the accused.