ANALISIS YURIDIS PERTIMBANGAN HAKIM BERDASARKAN PASAL 27 AYAT (3) UU ITE PADA PUTUSAN NOMOR: 125/PID.SUS/2018/PN BTL

Abstract

This research is motivated by the difference between the legal considerations of the Panel of Judges and the legal facts revealed in Decision Number 125/Pid.Sus/2018/PN Btl regarding the crime of defamation through electronic media. The problems studied include: (1) whether the decision of the Panel of Judges is in accordance with Article 27 paragraph (3) of Law Number 11 of 2008 concerning Electronic Information and Transactions; and (2) how the Presumption of Innocence Principle was applied in the examination of the case. This study uses a normative legal research method with statute and case approaches. Legal materials consist of primary, secondary, and tertiary legal materials obtained through library research and analyzed prescriptively. The results indicate that the acquittal decision is not fully in accordance with Article 27 paragraph (3) of the Electronic Information and Transactions Law because the judges adopted a legal-formalistic approach while overlooking the accusatory nature of the terms "fraud suspect", "embezzlement", and "threat" in social media posts. Furthermore, the defendant labeled the victim as a suspect without an official determination from law enforcement, indicating a disregard for the Presumption of Innocence Principle, legal certainty, and the mechanism for determining suspects under applicable laws.