| Summary: | The purpose of this research is to determine the elements of defamation is done
through the internet and how the legal protections of defamation actions are
regulated in ACT Number 11 OF 2008 in ITE (Information and Electronic
Transactions).
Research using a normative juridical approach by focusing research on
primary data with field research and approach through the principles of law and
comparative law. This research relies on library materials as the primary data
which consist of primary legal materials, secondary and tertiary.
The results showed that the Construction defamation lawsuit still generate
multiple interpretations because of the element of defamation that exists in
Article 27 (3) of the Act ITE still refer to the provisions contained in Article 310
and Article 311 of the Criminal Code, while the penalty provisions for
defamation actions the actors are very much different between the sanctions
stipulated in the Penal Code with the provision of the Act ITE and arrests, which
can be given to the actors still have to be revisited in a way tailored to the type
of act of murder. Because the sentence should take effect only deterrent to the
perpetrators. Legal protection that can be done by the victim are a civil lawsuit,
criminal reports and completion of arbitration claims that may be requested is
material and immaterial compensation and apology from the perpetrators who
may be given in public. In terms of choice of legal settlement of defamation
actions should be examined carefully because of honor and good name are the
subjective self of each, and the views of the original problem.
|
|---|