PERTANGGUNGJAWABAN TERHADAP TINDAK PIDANA PENYEBAR BERITA PALSU (HOAX) BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

Abstract

In the era of globalization the rapid development and progress of
information technology has led to changes in human life activities in various field.
The development of information technology has influenced the development of
now forms of crime that are more modern in nature namely the rise of fake news
(hoaxes). In the name of freedom netizens feel they have right over their personal
accounts. Firm action needs to be taken in the form of imposing criminal penalties
on those who carry out the dissemination in order to give a warning not to act
arbitrarily on social media. On the other hand there is no need to undermine the
spirit of freedom of expression in a democratic system. The purpose of writing this
thesis is : first, to find out criminal responsibility related to those who spread fake
news (hoaxes) on social media. Second, to find out who is responsible for fake
news (Hoaxes) on social media.
The type of research conducted by the author is normative juridical
research because it makes library materials the main focus in conducting
research. This research is descriptive, in nature namely a study that describes
clearlyand in detail about a problem.
From the result of research problems there are two main things that
can be concluded. Firsty, criminal liability for perpetratpors of criminal
acts of spreading fake news (Hoaxes) on social media can be held
accountable by being imposed by two legal regulations, namely law number
19 of 2016 concerning amendments to law number 11 of 2008 concerning
information and electronic transactions in article 45A paragraph 1 and in
the criminal code in article 360. The two,Every person who spreads fake
news (Hoaxes) is obliged, such as the Ministry of Communication and
Information, which handles the initial action. If there is fake news
(Hoaxes)yhat spreads, the Indonesian Police also begins to follow up on the
report fake news (Hoaxes) in the hope that the news can be known more
quickly whether it is true or a Hoax.

Keyword : Criminal Liability – Fake News (Hoaxes) – Social Media