CD Tesis
Pertanggungjawaban Pidana Pers Melalui Media Online Dikaitkan Pasal 310 Kitab Undang-Undang Hukum Pidana
The development of technology in the field of information which is increasingly modern often leads to criminal acts of defamation committed by irresponsible persons. This study examines the formulation of the problem of how criminal liability for the press through online media is linked to Article 310 of the Criminal Code. As well as how the concept of proposed improvements in criminal liability for the press through online media is linked to Article 310 of the Criminal Code based on progressive law. This type of research is normative juridical. The conclusion of the research is that the criminal responsibility of the press through online media is linked to Article 310 of the Criminal Code should be resolved in court if it has gone through existing procedures and mechanisms such as the right of reply, the right of correction. The government has never had the desire to restructure (control) the life of the press, because there is already Law no. 40 of 1999 which guarantees press freedom. The government is actually trying to only be a facilitator so that press freedom does not face obstacles from any institution and puts forward existing norms. The government must continue to strive to increase public awareness and understanding of press freedom. As well as the concept of proposed improvements in criminal liability for the press through online media linked to Article 310 of the Criminal Code based on progressive law, especially criminal sanctions against perpetrators of defamation in cyberspace, where the application of this law is reviewed from the Criminal Code and the ITE Law. . The application of the law against the criminal act of defamation uses the principle of Lex specialist derogat legi generali, which is where the regulation of defamation in cyberspace is regulated in Article 27 paragraph (3) and Article 45 of the ITE Law as a "Lex specialist" of Article 310 of the Criminal Code which is "Lex generali", where the relationship between these rules creates a legal synergy in cases of defamation.
Keywors: Accountability; Criminal act; Online media; Pers
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