Tinjauan Yuridis Tentang Penjatuhan Putusan Pidana Terhadap Pelaku Tindak Pidana Perundungan Dunia Maya (Cyberbullying) Pada Putusan Nomor 154/Pid.Sus/2021/PN Kbr Berdasarkan Undang-Undang Informasi dan Transaksi Elektronik

Abstract

ABSTRACT

The development of advances in internet technology not only has a positive impact but also has a negative impact, namely triggering various forms of crime in the cyber environment, such as the crime of cyberbullying. From the results of data collection in the form of a study of the document Decision Number 154/Pid.Sus/2021/PN Kbr, the author found that law enforcement and the imposition of criminal decisions have disparities with those regulated in the criminal provisions in Article 45B of Law Number 19 of  2016 concerning Amendments Based on Law Number 11 of  2008 concerning Information and Electronic Transactions (UU ITE). The writing method used is normative juridical writing. Based on the results of the research and discussion, the author considers that in this case the public prosecutor charged the defendant Etril Kanpay with a single charge, in which the defendant's actions met the provisions in the formulation of Article 45B in conjunction with Article 29 of the ITE Law, so that the material criminal law provisions were in accordance. The imposition of a criminal decision on the perpetrator of the criminal act of cyberbullying is appropriate and the author agrees because the imposition of this decision is an effort to realize legal certainty, justice and legal benefits for both the perpetrator, victim and society as a whole, so as not to cause stigma. negative which leads to opinion in society that justice does not exist in law enforcement in Indonesia.

Keywords: cyber bullying, criminal acts, criminal decisions