TINJAUAN YURIDIS TERHADAP PUTUSAN BEBAS DALAM TINDAK PIDANA PENCEMARAN NAMA BAIK DI MEDIA SOSIAL (Studi Putusan Pengadilan No.853/Pid.Sus /2022/PN.Srg)

Abstract

Abstract when there is a settlement of a criminal case in court, the community expects legal certainty and justice for the settlement of the case in the form of a Judge's Decision. The decision is final result of examining a criminal case in court. KUHAP, only recognizes the term "free decision", without any qualifications of "purely free" or "impurely free". However, in the development of world criminal justice practices, the "free decision" (vrijspraak) decided by this Judge developed and became known as "purely free" and "purely not free". find out the problems surrounding acquittal in criminal cases, in this case focused on defamation cases through social media. This research is a juridical research normative used to examine the application of law in society, whether it is in accordance with applicable provisions regulations. The research approach used is a qualitative descriptive approach. The data analysis used is a qualitative data analysis technique. The research method uses a qualitative method. The data obtained from the research results will be analyzed descriptively, describing and using data which is then analyzed qualitatively. qualitative, so that a clear picture is obtained regarding the legal basis for making decisions freely, the obstacles faced, how to overcome these obstacles, and so on. The results of the research show the definition of "free" in a society that does not understand the law (man on the street). deemed to cover "despite all claims" in addition to being completely free (vrijspraak). Whereas for those who understand the science of criminal law there is a difference between vrijspraak and "free from all lawsuits". Efforts that can be made in dealing with the acquittal are: filing an appeal to the Supreme Court by first proving that the acquittal is not pure acquittal.