ANALISIS IMPLEMENTASI ASAS KEPASTIAN HUKUM DALAM PROSES PUTUSAN HAKIM TERKAIT PENGHINAAN MELALUI DUNIA MAYA

Abstract

Advances in information technology currently have negative impacts such as the existence of information technology. From the existence of this cyber crime promulgated regulation No. 11 of 2008 Regarding Information and Electronic Transactions (UU 11/08). In the Southeast Asia Freedom of Expression Network record, since UU 11/08 was promulgated in 2008 to 31 October 2018 there were 381 victims charged with UU 11/08. The number of cases that occur in Indonesia at this time due to unclear restrictions on criminal acts of defamation contained in Article 27 paragraph (3) of the UU 11/08. The topic raised by the author in this study regarding the implementation of the principle of legal certainty in the process of criminalizing humiliating criminal cases through cyberspace. The author uses this type of normative research by analyzing primary legal materials and secondary legal materials. The results of this study indicate that the provision of defamation in Article 27 paragraph (3) UU 11/08 is a specific provision of the insult provision in Chapter XVI Book II of the Criminal Law Book because the humiliation provisions in UU 11/08 are devoted to insults through cyberspace. However, in Article 27 paragraph (3) UU 11/08 there is no clear explanation and limitation regarding the term of defamation / defamation in question and there is no justification reason therein, which then can lead to different interpretations by law enforcement officers in the criminal process. This is a consideration that Article 27 paragraph (3) UU 11/08 has not been able to provide the fulfillment of the principle of legal certainty.