OFFENCES PRINCIPLES AND A LIMITATION FOR DISINFORMATION VIA THE INTERNET IN INDONESIA

Vidya Prahassacitta

doi:10.33331/ilj.v14i1.49

Vidya Prahassacitta Bina Nusantara University Jakarta

DOI: https://doi.org/10.33331/ilj.v14i1.49

Keywords: disinformation, internet, offenses principles

Abstract

Actors utilize the internet to spread disinformation. The content might be irritated the public but does not cause direct distribution to public order. Article 14 and Article 15 of Law No. 1 of 1946 on Criminal Law Regulation prohibit the publication of disinformation that causes the distribution to public order. However, the implementation of the legislation shows that the panel of judges punish the actor who publishes disinformation without considering the impact of that disinformation on society. Therefore, the purpose of this research is to criticize the limitation of disinformation distribution through the internet under offenses principles. The principles are used to analyze the relevancy and limitation of criminalization in article 14 and article 15. By using document research with the statute, case, and conceptual approaches, it is concluded that the intervention of criminal law may be justified to protect public order, but the intervention shall be limited which strict requirements.

Author Biography

Vidya Prahassacitta, Bina Nusantara University Jakarta

Vidya Prahassacitta, SH. M.H. is a lecturer and faculty member of the Department of Business Law, Faculty of Humanity, Binus University, Jakarta. Vidya is a licensed advocate from Peradi since 2010. She holds her bachelor of law and master of law degrees both from the Faculty of Law, University of Indonesia. Currently, Vidya is a PhD candidate from the Faculty of Law, University of Indonesia, major in Criminal law and Criminal Justice System. Her dissertation title is Indonesian criminal law policy in the distribution of disinformation through the internet. Vidya can be reached via the following email vidya.prahassacitta@binus.ac.id or phone +628119770576