Indonesian Journal of Law and Society
Vol 4 No 1 (2023): International Business and Crimes in Modern Society

The Criminal Liability of Spreading Fake News on Social Media in Indonesia

Sinung Teguh Santoso (Unknown)
Fannny Tanuwijaya (Unknown)
I Gede Widhiana Suarda (University of Jember)



Article Info

Publish Date
31 Mar 2023

Abstract

The spread of fake news on social media raises many legal problems in Indonesia. These legal problems are mainly seen in the formulation of the law as well as in the law enforcement area. Legal problems related to the spread of fake news must be resolved at the level of legislation, policy, and law enforcement because it negatively impacts someone. In addition, studies on the spread of fake news in the Indonesian context are still overlooked. Therefore, reviewing the regulation on criminal liability for those who spread fake news on social media in Indonesia is very important. The doctrinal legal research methodology investigated three main issues discussed in this article. First, the current study shows that the act of spreading fake news on social media cannot be charged with Article 28 of the Indonesia Law Number 19 of 2016 concerning amendments to Law Number 8 of 2011 concerning Information and Electronic Transactions. Second, from several Indonesian court decisions studied, judges in deciding cases of spreading fake news on social media applied Law Number I of 1946 concerning Criminal Law. Lastly, related to criminal law reform, spreading fake news on social media should also be regulated by the Information and Electronic Transactions Laws.

Copyrights © 2023






Journal Info

Abbrev

IJLS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Indonesian Journal of Law and Society is an international peer-reviewed journal published by the Faculty of Law, University of Jember, Indonesia. The publication contains a rich store of legal literature analyzing legal development. This platform continues to advance the boundaries of global and ...