CD Skripsi
Penerapan Sanksi Pidana Terhadap Pelaku Pelanggaran Privasi Pada Fitur Teman Dekat Di Instagram Berdasarkan Undang-Undang Nomor 19 Tahun 2016 Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi Dan Transaksi Elektronik Di Kota Pekanbaru
ABSTRACT
One of the special features on instagram is the close friends feature. The
close friends feature available on Instagram is useful for making a list or list of
close friends from account owners. The purpose of using the close friends feature
on instagram is so that the stories we upload in the form of photos and videos that
can only be seen by close friends. It turns out that this instagram feature has a
drawback, namely it can be a place where someone's privacy is violated. The
usual violation of privacy in this close friends The feature is recording screens or
screenshots of posts and distributing them to the public without permission.
Dissemination of private electronic information to the public is a form of privacy
violation. If the upload capture/screenshot contains personal data including
name, writing, and/or images that can identify a person then the distribution via
electronic media must be carried out with the consent of the person confirmed,
according to Article 26 paragraph (1) Law 19/2016 . For this act, every person
whose rights have been violated, in this case the victim, can submit a lawsuit for
the harm incurred.
The purpose of this study is to find out the application of criminal
sanctions to perpetrators of privacy violations in the close friends feature on
Instagram, in accordance with Law Number 19 of 2016, Amendments to Law
Number 11 of 2008 concerning information and electronic transactions in
Pekanbaru City. Second, to know obstacles in the implementation of criminal
sanctions against perpetrators of privacy violations in the "close friends" feature
on Instagram based on law number 19 of 2016, an amendment to law number 11
of 2008 concerning information and electronic transactions in the city of
Pekanbaru.This research method can be classified into the type of sociological
legal research as research that wants to see the unity between law and society
with the gap between das sollen and das sein.
The conclusion from the results of the study that to provide a deterrent
effect on the application of criminal sanctions against perpetrators of privacy
violations on the close friends feature on Instagram is imprisonment. However,
the application of these criminal sanctions is only related to cases containing
pornographic elements. Meanwhile, violations of privacy on social media, such as
those related to defamation, can be resolved non-penal (outside court) or resolved
through retorative justice. Efforts that can be made to deal with obstacles in the
application of criminal sanctions are that law enforcers work together with expert
sanctions, both linguist sanctions, to identify forms of privacy violations that can
be categorized as whether it is a privacy violation or not.
Keywords: Privacy Violation – Social Media – Instagram - ITE
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