Implementation Of Restorative Justice By The Police On Defaming In Social Media

Gloryna Rahayu Chrysti

Abstract


Abstract : The purpose of this research is to unravel the implementation of restorative justice by the police in criminal acts of defamation on social media, especially those that occur in the jurisdiction of the Gorontalo Regional Police. This type of research is empirical legal research using a field approach through interviews, supported by a statute approach and a case approach . The analysis used in this study is descriptive data analysis using a qualitative approach  to secondary data and primary data. Based on the results of the study, the answers to the existing problems were obtained, that the effectiveness of the implementation of restorative justice by the police in the criminal act of defamation on social media in the Gorontalo Regional Police jurisdiction has actually been running in accordance with the expected restorative justice, although in its implementation it is still far in quantity when compared to the number of cases entered and processed through RJ. In 2019, 2020 and 2021 there were 11 cases of defamation that were resolved through RJ at the Gorontalo Regional Police and it is a success of the police as a mediator for resolving cases before entering the legal court process, the police have played their role in providing mediation offers to the parties in pursue restorative justice. All components involved in restorative justice or a restorative justice approach must implement in an integrated manner between the police, litigants, and community leaders as well as traditional leaders in cases of criminal defamation on social media.


Keywords


Restorative Justice;Defamation;Social Media

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References


Book

C. Dewi Wulansari, 2013, Sociology Concepts and Theories, Bandung: Refika Aditama.

Erdianto Efendi, 2014, Indonesian Criminal Law , Bandung: Refika Aditama.

Fence M. Wantu, 2011, Idee Des Recht , Yogyakarta: Student Library.

Soejono Soekanto, 2007, Sociology An Introduction , Jakarta: PT. King Grafindo Persada.

Journal

Muhaimin, 2019, Restorative Justice in the Settlement of Minor Crimes , De Jure Legal Research Journal, Vol. 19, No. 2, p. 186

Internet

Ahmad Sofian, 2020, Ultimum Remedium in Employment Crimes , Https://Business-Law.Binus.Ac.Id/2020/12/23/Ultimum-Remedium-dalam-Tindak-Pidana-Ketenagakerjaan/ (Accessed July 10, 2021 at 13.32 WITA)

Agus Sahbani. 2021. Eight Important Points of the SKB Guidelines for the Implementation of the ITE Law . https ://m. Hukumonline.com/berita/baca/lt60d3807cdf970/ini-8-poin-penting-skb-pedoman-implementasi-uu-ite/?page=3 (Accessed 1 November 2021 at 19.00 WITA)

Muhamad Ali Hasan, 2021, Kompas.com , Defamation, Can It Be Solved Peacefully?, https://www.kompas.com/consultation Hukum/read/2021/07/25/060000280/pencemaran-nama-baik-can-disesaikan-dalam-peace- ?page=all . / (Accessed on July 10, 2021 at 14.00 WITA)

Legislation

Constitution of the Republic of Indonesia

Indonesian Criminal Code

Law Number 2 of 2002 concerning the Indonesian National Police

Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Information and Electronic Transactions (UU ITE)

Memorandum of Understanding between the Chief Justice of the Supreme Court, the Minister of Law and Human Rights, the Attorney General and the National Police Chief regarding the Implementation of Adjustments to the Limitation of Minor Crimes and the Amount of Fines, Quick Examination Procedures, and the Implementation of Restorative Justice.

Joint Decree (SKB) concerning Guidelines for the Implementation of Certain Articles in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions




DOI: https://doi.org/10.33756/eslaj.v0i0.14988

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