Rekonseptulisasi Penegakkan Hukum Terhadap Pelaku Dan Korban Undang-Undang Informasi Dan Transaksi Elektronik Berbasis Restorative Justice

Abstract

Presently, Indonesia has a tendency to execute over-criminalization. One of which is in the settlement of legal cases over Law Number 19 of 2016 on Amendments to Law Number 11 of 2008 on Information and Electronic Transactions (ITE Law) which prioritizes criminal sanctions. Whereas in its content, the Law provides administrative sanctions, so that the ultimum remidium must be carried out by law enforcement officials. The author formulates two problems, namely first, what is the restotative justice model at the level of investigation, prosecution, and trial?; second, how is the reconceptualization of the application of restorative justice to the perpetrators and victims of the ITE Law? The research method used is a normative juridical method with a statutory and conceptual approaches and uses secondary data sources, in the form of primary, secondary, and tertiary legal materials. The results of this study conclude that first, at the level of restorative justice through material and formal investigations, the level of prosecution through the peaceful means and efforts by paying attention to the court supporting devices. Second, while at the trial level through law enforcement officers who are able to sort out and support efforts on restorative justice to produce a fair legal decisions. Second, reconceptualization of restorative justice in law enforcement of the ITE Law is through concepts of moro, dats and virtual justice.