CONTROVERSY OF LEGAL ARRANGEMENTS FOR SOCIAL MEDIA DEFENSE IN INDONESIA'S POSITIVE LAW

Abstract

Along with the times, human activities are increasingly varied. One reason is the result of the development of information technology. In the past, human activities were dominated by activities using physical facilities, but in the information technology era, human activities are now dominated by technology-based equipment. This certainly has an impact on criminal law enforcement, such as crimes in cyberspace, namely defamation. This study aims to determine the legal arrangements for defamation on social media in Indonesian positive law. This research is classified as a type of literature research with a normative juridical approach. The analysis technique used is a systematic analysis technique of the applicable laws and regulations. The results of the study show that before social media existed, regulations regarding defamation were regulated in the provisions of the Criminal Code Chapters, namely Chapter 310 of the Criminal Code and Chapter 315 of the Criminal Code. But since the existence of social media or the internet, the crime of defamation is regulated in Chapter 27 paragraph 3 of the ITE Law and Chapter 45 of the ITE Law. Defamation whether carried out directly or through social media is equally a complaint offense. This means that the offense can only be processed by the police if there is a complaint from the victim. However, the defamation provisions in the ITE Law are still being questioned in society because they are seen as threatening democracy and freedom of expression. Therefore, in order not to continue to cause controversy in the implementation of the ITE Law, it is necessary to formulate a criminal law policy on defamation, in the new Draft Criminal Code.