CD Skripsi
Kajian Yuridis Pertanggungjawaban Pidana Platform Media Sosial Dalam Memuat Konten-Konten Kekerasan Dalam Hukum Positif Indonesia
ABSTRACT
The accountability of sosial media platforms as the organizer of the electronic
system in Article 26 Paragraph (3) of Law Number 19 of 2016 concerning
Amendments to Law Number 11 of 2008 concerning Information and Electronic
Transactions, there is a legal vacuum, namely the absence of consequences or
criminal law enforcement against electronic system organizers that do not block or
delete content that can cause problems in the community. Based on this, the
researcher raised 2 (two) problem formulations, namely as follows: (1) how is the
law enforcement of sosial media platforms against the loading of harmful content
in Indonesian positive law? (2) What is the criminal responsibility of sosial media
platforms for the loading of harmful content in Indonesian positive law?
This research uses a normative juridical research type with a statutory
approach. The types and sources of legal materials used in this research consist of
primary, secondary and tertiary data. Techniques for obtaining legal materials by
means of library research and internet access. The analysis technique of legal
materials obtained in this research is literature study and analysis of legislation
related to the problems presented systematically in order to answer the problems
that have been formulated.
The results of this study are, the actions of electronic system administrators
that contain harmful or negative content uploaded by sosial media application users
can be said to be a criminal act, but in this case criminal responsibility cannot be
given to the electronic system organizer, because there is no clear sanctions rules
are given to the electronic system operator. So the researchers suggest that they can
reformulate the existing rules regarding sanctions against electronic system
operators and formulate regulations regarding the differences between electronic
system administrators and electronic system users who commit criminal acts.
Keywords: Accountability - Law Enforcement - Sosial Media
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