Analisis Yuridis Distribusi Dokumen Elektronik Muatan Penghinaan Studi Kasus pada Putusan No.42/Pid.Sus/2019/PN.Amb

Abstract

Electronic documents containing insults often conflict with the right to freedom of speech. Some people think that the existence of regulations regarding electronic documents containing insults limits the right to freedom of speech, which is a human right. One of them is Ronald Koedoeboen; he feels that his writing on one of his social media accounts (Facebook) in 2017 about insults and defamation is a form of the right to freedom of speech in public. This study aims to determine the considerations of the panel of judges in deciding Ronald Koedoeboen as the perpetrator of the crime of electronic documents containing insults as regulated in the ITE Law No. 11 of 2008 in the first instance, appeal, and cassation decisions. To determine the consistency and coherence of the decision in the case of the crime of electronic documents containing insults committed by Ronald Koedoeboen in the first decision, first decision No. 42 / Pid.Sus / 2019 / PN Amb, appeal No. 46 / Pid.Sus / 2019 / PT.Amb and cassation No. 4057K / Pid.Sus / 2019. This study uses a case and statutory approach, which refers to the legal reasons judges use to arrive at decisions and examines the conformity between court decisions and statutory regulations. The study results revealed that the panel of judges considered the Ronald Koedoeboen case in the first instance and appeal and cassation decisions, namely the inconsistency between the first instance and appeal decisions.