International Journal of Law Dynamics Review
Vol. 1 No. 1 (2023): May

Criminal Liability Against Perpetrators of HOAX Spread in Indonesia

Imron Rosyadi (Universitas Islam Negeri Sunan Ampel Surabaya)



Article Info

Publish Date
11 May 2023

Abstract

The purpose of this article is to explain and examine the responsibility of perpetrators in the criminal act of disseminating information in the form of misleading fake news, especially based on Law Number 11 of 2008, let alone the blurring of norms related to the phrase fake and misleading news. One of the main problems of crime that occurs in society is the use of social media so the government needs to support the development of information technology through legal infrastructure and regulation so that the use of information technology must be carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. This article is in the form of normative juridical research that is useful for finding solutions to legal issues that are the focus of study. The results showed that the perpetrators of spreading false news apply the principle "what must be proven is about the inability to be criminally responsible, and not about the ability to be criminally responsible" so that it can produce a fair legal decision as well as certainty and usefulness. If proven, the perpetrator can be sentenced based on the provisions in Article 28 paragraph (1) of the Electronic Information and Transaction Law with criminal threats based on Article 45A paragraph (1) of Law 19 Number 2016 with a maximum imprisonment of 6 (six) years and/or a maximum fine of IDR 1 billion.

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Journal Info

Abbrev

IJLDR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

International Journal of Law Dynamics Review is published by Nursyam Centre half-yearly (May and November). The aim and scope of this journal is to provide a venue for academic, researchers and practitioners for publishing their original research articles or review articles. IJLDR is available in ...