Pertanggungjawaban Pidana Pelaku Tindak Pidana Pencemaran Nama Baik di Media Sosial Berdasarkan Undang-Undang Informasi dan Transaksi Elektronik (Pasal 27 Ayat (3) jo. Pasal 45 Ayat (3))

Abstract

The rapid development of information and communication technology has significantly transformed the way people interact, particularly through the use of social media as a platform for expressing opinions and sharing information. However, this convenience has also created opportunities for misuse, including the commission of online criminal defamation. This study aims to examine the concept of criminal liability for perpetrators of criminal defamation on social media under Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law) and to analyze the legal elements required for the application of such liability.
This research employs a normative legal research method using both the statutory approach and the conceptual approach, supported by an analysis of legal doctrines and relevant court decisions. The legal materials consist of primary legal sources, particularly Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of the ITE Law, as well as secondary legal materials in the form of legal literature and scholarly journals.
The findings indicate that criminal liability for online defamation requires the fulfillment of both the subjective element, namely intent (dolus), and the objective element, namely the act of distributing, transmitting, and/or making accessible electronic information containing defamatory or insulting content. Furthermore, law enforcement in such cases depends on the existence of a complaint from the victim, as defamation constitutes a complaint-based offense (delik aduan), as well as the use of valid electronic evidence in accordance with applicable procedural law. The study also emphasizes the importance of balancing the protection of individual reputation with the constitutional right to freedom of expression in the digital era to ensure legal certainty, justice, and proportionality in the enforcement of the ITE Law.