Mila maulida Alawiyah

Analisis pertimbangan Hakim dalam Memutus Tindak Pidana Pencemaran Nama Baik Melalui Sarana Elektronik

Introduction

Analisis pertimbangan hakim dalam memutus tindak pidana pencemaran nama baik melalui sarana elektronik. Analisis pertimbangan hakim dalam memutus tindak pidana pencemaran nama baik melalui sarana elektronik. Membahas putusan, nilai hukum, sosiologi, dan antropologi budaya untuk keadilan.

Abstract

The profession of a judge is a noble profession. Its decisions are expected to provide a sense of justice for all parties. Not only limited to realizing legal certainty. The researcher conducted a study on Decision Number 691/Pid.Sus/2020/PN Mtr concerning defamation. The purpose of this study is to contribute ideas to the development of criminal law in general and the crime of defamation, in particular. This research is a normative study using a statutory, conceptual, and case approach. The results of the study show that judges in making decisions are required to explore, follow, and understand the legal values ​​and sense of justice that live in society. This article directs judges that judges must be able to understand the background, sociology of law and cultural anthropology that exist in an area. This is because various beliefs and values ​​are still alive, believed, practiced and considered as law in a number of areas. Thus, the decision will not only provide legal protection for victims, but also for society  

Review

This paper, titled "Analisis pertimbangan Hakim dalam Memutus Tindak Pidana Pencemaran Nama Baik Melalui Sarana Elektronik," addresses a highly relevant and critical area of contemporary legal practice: judicial decision-making in criminal defamation cases facilitated by electronic means. The study's stated aim to contribute to the development of criminal law, particularly concerning defamation, is commendable, recognizing the evolving challenges posed by digital communication and the imperative for judicial decisions to provide a sense of justice, not merely legal certainty. By anchoring its analysis in a specific case, Decision Number 691/Pid.Sus/2020/PN Mtr, the research grounds its theoretical insights in practical application. Employing a normative legal research methodology, utilizing statutory, conceptual, and case approaches, the study systematically examines the considerations involved in judicial deliberations. The research effectively concludes that judges are obliged to delve into, follow, and comprehend the legal values and inherent sense of justice within society. A particularly insightful contribution is the emphasis on judges understanding the socio-legal and cultural anthropological background of an area, acknowledging the diverse beliefs and values that persist and are considered law. This finding critically underscores the imperative for judicial decisions to be contextually sensitive, ensuring not only legal protection for victims but also for the broader community. While the abstract clearly articulates the study's purpose and findings, the full paper could benefit from further elaboration on how these socio-cultural considerations are practically integrated into judicial deliberation. For instance, exploring the specific mechanisms or evidentiary standards judges might employ to 'explore, follow, and understand' these societal values would strengthen the prescriptive power of the research. Additionally, a discussion on potential challenges or limitations in applying these principles, especially in cases where community values might conflict with established legal norms, could provide a more nuanced perspective. Nevertheless, this research offers a valuable framework for enhancing the pursuit of substantive justice in defamation cases and is a welcome addition to the literature on judicial ethics and criminal law.

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