CD Skripsi
Pertanggungjawaban Pidana Terhadap Pers Yang Menyebarkan Identitas Tersangka Secara Bebas Dikaitkan Dengan Asas Praduga Tak Bersalah
ABSTRACT
Criminal acts committed by the press in the form of spreading the identity of the suspect freely are basically acts committed by press companies and/or journalists as well as editors, at every level who carry out their duties and functions and can represent corporations, which can result in criminal liability. Both the corporation and together with their employees personally, can be held criminally responsible. The mode of disseminating the identity of the suspect exists in various forms. The reason and the purpose of the press to disseminate the identity of suspects is to maximize profits and survive from global competition, as well as the lack of strict regulation on the press that spreads the identity of suspects freely, the lack of punishment for press perpetrators is also the reason for repeated mistakes. This press crime is regulated in Law Number 40 of 1999 concerning the press.
This research uses a typology of normative legal research or also known as doctrinal legal research, which specifically discusses legal principles. In this study, the author uses a descriptive research, because the author describes criminal liability for the press that spreads the identity of the suspect freely linked to the principle of the presumption of innocence.
The results of the research conducted by the author are, the press must be held criminally responsible because the press as the maker and at the same time is responsible for the profits obtained by the press or the losses suffered by the victims can be so large and the crime of spreading the identity of the suspect freely by the press has the main motive is in the interests of the press itself and can be a source of other crimes. Judges should in imposing sanctions on the press be subject to criminal penalties as regulated in Law Number 40 of 1999 concerning the press, Articles 483 and 484 of the Criminal Code. In the sentencing, there are various obstacles, including the fines given to the crime of spreading the identity of the suspect and contrary to the principle of presumption of innocence which is considered not in accordance with the consequences.
Keywords: Liability–Identity of the Suspect –Presumption of Innoncence
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