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RESTORATIVE JUSTICE APPROACH TO HANDLING DEFAMATION CRIME THROUGH SOCIAL MEDIA
Andi Muhammad Aswin Anas

Procedural Law Department, Faculty of Law, Hasanuddin University


Abstract

One of the principles of restorative justice is to seek peace outside the court by perpetrators of criminal acts against victims of criminal acts. Legal issues discussed are, restorative justice approach to handling defamation crime through social media. Restorative justice approach exists to provide space as an alternative to resolving criminal cases, involving direct participation of victims and perpetrators. Criminal provisions regarding defamation through social media are regulated in Act Number 19 of 2016 concerning Amendment to Act Number 11 of 2008 concerning Information and Electronic Transactions, regulating the threat of criminal defamation through social media is threatened with the maximum imprisonment 4 (four) years and / or a maximum fine of Rp750,000,000.00 (seven hundred fifty million rupiah). Defamation crime is legal action by complaint, that can be end faster because the victims revoke the complaints . Revocation happened because there is victim-offender mediation between perpetrators of criminal acts against victims of criminal acts . Victim-offender mediation is done by emphasizing the establishment of good relations between the parties, respecting social / customary legal norms and meeting the principles of justice, and there has been a peace agreement by the parties.

Keywords: restorative justice; defamation crime; social media

Topic: Democracy, Constitution, and Globalization

Link: https://ifory.id/abstract/ExudBH2D9bYR

Conference: The 1st International Conference on Trade, Business, Human Rights, and Globalization (ICTBHRsG 2019)

Plain Format | Corresponding Author (Andi Muhammad Aswin Anas)

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