URGENSI PERLINDUNGAN HUKUM TERHADAP PENCIPTA KARYA ILMIAH DARI TINDAK PIDANA PENCEMARAN NAMA BAIK

Frinaldi Samuel Sirait, Erdiansyah Erdiansyah, Sukamarriko Andrikasmi

Abstract


With the rapid development of technology, the law must also be able to keep up with
technological developments and the times, but this advancement in information technology has
negative consequences for creators of scientific works, this is because there are no specific
laws or rules that can protect creators of scientific works from accusations of defamation, so
far many creators of scientific work have been subject to defamation articles related to their
scientific work. Criminal sanctions should be used as a last resort in resolving a legal issue,
this is in accordance with the principle of ultimum remedium, there should be other sanctions
imposed on the creation of scientific works if the scientific work is deemed incorrect.
This study uses a normative juridical research type, namely research that is focused on
examining the application of the rules or norms in law to legal principles. The data collection
technique in this research is literature study. The approach used in this research is to use a
normative approach, namely library law research.
The results of the research conducted by the author are first, the urgency of legal
protection for creators of scientific works from accusations of defamation can be said to be
urgent/important, this is because scientific works are the result of studies or scientific facts in
the field and also so far there are many creators of works science which is sanctioned by
criminal law.
Secondly, in overcoming problems related to the large number of creators of scientific
works who are charged with defamation, regulations are needed that regulate legal protection
for creators of scientific works. Suggestions in resolving the problem regarding the large
number of creators of scientific works being subject to defamation sanctions, the government
and the House of Representatives must form a law to provide legal protection for creators of
scientific works.
Keywords: Defamation, Creator of Scientific Work.


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