Sabtu, 19 Agustus 2023 - 13:31:08 WIB
Settlement of Criminal Defamation in the Digital Realm through Restorative Justice Efforts
disusun oleh : F X Hastowo Broto Laksito
Kategori: Jurnal International - Dibaca: 2 kali
Unduh Dokumen
Abstrak :
ABSTRACT
The restorative justice approach focuses on an approach that creates conditions to realise
justice and balance for the perpetrators and victims of the crime itself. In the crime of
defamation through the digital realm, the application of the ultimum remedium principle
needs to be maximised, because basically the loss lies in reputation, so that with the
restorative justice approach can be formulated compensation suffered by the victim with the
restoration of the victim's condition as before. This research is a normative research using
legal and non-legal materials as data sources. The approaches taken are conceptual
approach and statutory approach. To find out how Indonesian positive law regulates
restorative justice, a comprehensive study of the relevant regulations is needed. The results
of this research confirm that restorative justice can balance the protection of human dignity
and freedom of opinion or prevent the criminalisation of defamation cases and does not
always lead to the criminalisation of the perpetrator, especially in defamation cases.