Law Enforcement Against Disseminers Of Dishonour Content On Social Media
Responding to the phenomenon of defamation during the execution of caning sentences, the Aceh Government limited the place where caning sentences were carried out from initially being carried out in public places and then being transferred to detention centres or correctional institutions. This rul...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Fakultas Hukum, Universitas Muhammadiyah Buton
2024-06-01
|
| Series: | Jurnal Hukum Volkgeist |
| Subjects: | |
| Online Access: | https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/4595 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1832585151113068544 |
|---|---|
| author | Friska Anggi Siregar Sari Yulis |
| author_facet | Friska Anggi Siregar Sari Yulis |
| author_sort | Friska Anggi Siregar |
| collection | DOAJ |
| description |
Responding to the phenomenon of defamation during the execution of caning sentences, the Aceh Government limited the place where caning sentences were carried out from initially being carried out in public places and then being transferred to detention centres or correctional institutions. This rule is stated in Governor's Regulation Number 5 of 2018. The aim of moving the place of execution to a detention centre is to protect the rights of the convict so that it does not spread on social media. With the issuance of Gubernatorial Regulation no. 5 of 2018, of course there are legal implications regarding whether or not to record the caning procession. If caning is considered a disgrace, then those who spread caning can be charged under the ITE Law on defamation, but this phenomenon continues to occur and there are no calls from law enforcers to prohibit it. Thus, researchers feel it is necessary to examine the legal certainty regarding the dissemination of recordings of caning processions on digital media, and what the view of Islamic law is regarding the dissemination of recordings of caning processions on digital media. This research is entirely qualitative research (qualitative approach) using a normative juridical approach or library research. From the results of the research, it was concluded that there is no clear prohibition on the distribution of caning punishments either in the governor's regulation or in the qanun, so the law is permissible. The perpetrator also cannot be charged under the ITE Law because the execution is open to the public. However, victims may report to the authorities if they feel that the news conveyed does not match the facts or attacks their honour. This is also not prohibited in Islam, because it is classified as permissible backbiting, with the aim of making the perpetrators feel embarrassed and have a deterrent effect and warning for others.
|
| format | Article |
| id | doaj-art-bfed7d403965466b9e0755410b7304f3 |
| institution | Kabale University |
| issn | 2528-360X 2621-6159 |
| language | English |
| publishDate | 2024-06-01 |
| publisher | Fakultas Hukum, Universitas Muhammadiyah Buton |
| record_format | Article |
| series | Jurnal Hukum Volkgeist |
| spelling | doaj-art-bfed7d403965466b9e0755410b7304f32025-01-27T02:46:43ZengFakultas Hukum, Universitas Muhammadiyah ButonJurnal Hukum Volkgeist2528-360X2621-61592024-06-018210.35326/volkgeist.v8i2.4595Law Enforcement Against Disseminers Of Dishonour Content On Social MediaFriska Anggi Siregar0Sari Yulis1Institut Agama Islam Negeri LangsaAl-Banna Lhokseumawe College of Law Responding to the phenomenon of defamation during the execution of caning sentences, the Aceh Government limited the place where caning sentences were carried out from initially being carried out in public places and then being transferred to detention centres or correctional institutions. This rule is stated in Governor's Regulation Number 5 of 2018. The aim of moving the place of execution to a detention centre is to protect the rights of the convict so that it does not spread on social media. With the issuance of Gubernatorial Regulation no. 5 of 2018, of course there are legal implications regarding whether or not to record the caning procession. If caning is considered a disgrace, then those who spread caning can be charged under the ITE Law on defamation, but this phenomenon continues to occur and there are no calls from law enforcers to prohibit it. Thus, researchers feel it is necessary to examine the legal certainty regarding the dissemination of recordings of caning processions on digital media, and what the view of Islamic law is regarding the dissemination of recordings of caning processions on digital media. This research is entirely qualitative research (qualitative approach) using a normative juridical approach or library research. From the results of the research, it was concluded that there is no clear prohibition on the distribution of caning punishments either in the governor's regulation or in the qanun, so the law is permissible. The perpetrator also cannot be charged under the ITE Law because the execution is open to the public. However, victims may report to the authorities if they feel that the news conveyed does not match the facts or attacks their honour. This is also not prohibited in Islam, because it is classified as permissible backbiting, with the aim of making the perpetrators feel embarrassed and have a deterrent effect and warning for others. https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/4595CaningITE LawSpreading Dishonour |
| spellingShingle | Friska Anggi Siregar Sari Yulis Law Enforcement Against Disseminers Of Dishonour Content On Social Media Jurnal Hukum Volkgeist Caning ITE Law Spreading Dishonour |
| title | Law Enforcement Against Disseminers Of Dishonour Content On Social Media |
| title_full | Law Enforcement Against Disseminers Of Dishonour Content On Social Media |
| title_fullStr | Law Enforcement Against Disseminers Of Dishonour Content On Social Media |
| title_full_unstemmed | Law Enforcement Against Disseminers Of Dishonour Content On Social Media |
| title_short | Law Enforcement Against Disseminers Of Dishonour Content On Social Media |
| title_sort | law enforcement against disseminers of dishonour content on social media |
| topic | Caning ITE Law Spreading Dishonour |
| url | https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/4595 |
| work_keys_str_mv | AT friskaanggisiregar lawenforcementagainstdisseminersofdishonourcontentonsocialmedia AT sariyulis lawenforcementagainstdisseminersofdishonourcontentonsocialmedia |