Pertanggung Jawaban Pidana Terhadap Pelaku Ujaran Kebencian (Hate Speech) Menurut UU No. 19 Tahun 2016 Atas Perubahan UU No. 11 Tahun 2008 Tentang Informasi Dan Transaksi Elektronik (Studi Putusan No. 3168/Pid.Sus/2018/PN Mdn)

Abstrak

Criminal liability in English “Criminal Liability” and in Dutch “Toereken Baarheid” is the obligation of an individual or organization (corporation) to bear the consequences for an act because it has committed a harmful crime. Criminal liability is a form of determining whether someone who has committed a crime can be convicted or not, in this case the person is responsible for his actions before the law.The formulation of the problem taken in this study are: 1) How are the legal arrangements for hate speech via electronic according to Law No.19 of 2016 on the amendment of Law No.11 of 2008 concerning Electronic Information and Transactions? 2) What are the factors that cause hate speech crimes on social media? 3) What is the judge’s consideration of the decision Number: 3168/Pid.Sus/2018/PN Mdn?. The type of legal research carried out by the author is juridically normative, namely where the law is conceptualized as what is written in legislation (law in books) or the law is conceptualized as a rule or norm which is a benchmark for human behavior that is considered appropriate.The judge’s consideration of criminal sanctions has been determined by the panel of judges in the case of hate speech crimes on social media which refers to Article 28 paragraph (2) Jo Article 45A paragraph (3) Law No. 19 of 2016 on the amendment of Law No. 11 of 2008 “everyone intentionally and without rights spreading information that is shown to cause hatred or hostility to certain individuals and/or community groups based on ethnicity, religion, race, and inter-group (SARA)” and Article 45 paragraph (2) “everyone who fulfills the elements of as referred to in Article 28 paragraph (1) or paragraph (2) shall be sentenced to a maximum imprisonment of 6 (six) years and/or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah).