PENERAPAN HUKUMAN TERHADAP TINDAK PIDANA PENGHINAAN MELALUI INTERNET (Studi Perkara Nomor : 382/Pid.Sus/2014/PN.Yyk)
Abstract: Criminal offenses
through the internet is one of the forms of abuse of social media that is set
in the Act 11 of 2008 on Information and Electronic Transactions. The crime of
insult by the internet on case number: 382 / Pid.Sus / 2014 / PN.Yogyakarta set
out in Article 27 paragraph (3) in conjunction with Article 45 paragraph (1) of
Law Number 11 Year 2008 on Information and Electronic Transactions. Formulation
of the problem: 1) How does the application of penalties for the crime of
insult via the internet on case number: 382 / Pid.Sus / 2014 / PN.Yyk? 2) How
is the consideration of judges in sentencing for the crime of insult by the
internet on case number: 382 / Pid.Sus / 2014 / PN.Yyk? This study used a
normative approach. This study focused in case No. 382/Pid.Sus/2014/PN.Yyk.
Data were collected through the study of documents. Data were analyzed
qualitatively. The results of this research were: 1) the application of
penalties in case number 382 / Pid.Sus / 2014 / PN.Yyk is punishment of 2 (two) months and a fine of
Rp 10,000,000.00. 2) Consideration of judges in imposing criminal sanctions
against the penalty of the verdict in the case number 382 / Pid.Sus / 2014 /
PN.Yyk have appropriate based on the information that already exists and the
mitigating and aggravating. Conclusion The application of the penalty the crime
of insult via the internet using merger theory. Consideration of the judge in
imposing a sentence through judicial and non judicial consideration.
Penulis: Putri Akhirul Sakbani
Putri Akhirul
Kode Jurnal: jphukumdd160531
