Pertanggungjawaban Pidana Pencemaran Nama Baik di Media Sosial

Abstract

This study aims to analyze the legal regulation of defamation through social media and the forms of criminal liability imposed on perpetrators. This research employs a normative juridical method using statutory, conceptual, historical, and comparative approaches. Legal materials were obtained through a literature study consisting of primary, secondary, and tertiary legal materials, which were subsequently analyzed qualitatively. The results of the study indicate that defamation committed through electronic systems is specifically regulated under Article 27A in conjunction with Article 45 paragraph (4) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions, while the Criminal Code provides a general legal framework concerning offenses against a person's honor or reputation. Constitutional Court Decision Number 105/PUU-XXII/2024 further clarifies the meaning of the elements “another person” and “a matter” in the provision concerning defamation through electronic systems. Criminal liability requires the fulfillment of the elements of a criminal offense, the existence of fault, the capacity to be held responsible, and the absence of any justification or excuse. In the evidentiary process, electronic evidence must establish a connection between the perpetrator and the alleged act; therefore, mere ownership or control of a social media account cannot automatically serve as the basis for establishing a person as the perpetrator of a criminal offense. Accordingly, the application of criminal provisions concerning defamation through social media must be carried out carefully by considering legal certainty, the protection of a person's honor and reputation, and the right to freedom of expression.