PERTANGGUNG JAWABAN PIDANA WARTAWAN ATAS PEMBERITAAN DI MEDIA SOSIAL

The purpose of this study was to know and analyze and find the philosophical basis of criminal acts settings journalists writing in social media; and to analyze liability conviction for a journalist writing in social media that cause harm to others. This dissertation research used to answer the problem as already mentioned in the above problem formulation using normative research and based on the law and the principles or principles that apply. The analytical method used to legal materials obtained from either literature research was qualitative. The results of this study were (1) Along with the development of social media and the internet, the more criminal acts that can occur as happened recently in the society. One of the highlights is the crime of defamation in which social media is used as a medium of one of its users to thought which sometimes resulted in harm to others. The criminal act of defamation is governed by Article 310 to Article 321 Criminal Code jo. Article 27 paragraph (3) UU ITE who explained that in information technology every person has the right to distribute and / or transmitting and / or make the inaccessibility of electronic information and / or electronic documents but in the same chapter states that each process are not allowed to contain any provisions that violate decency, the charge of gambling, cargo insult and / or defamation, and the charge of extortion and / or threatening; and (2) criminal responsibility on the news in social media refers to the roles and status of users, which in this dissertation is specifically focused on the press reporters as social media users. The press is responsible is a free press or independent self-determination rights and obligations without any pressure, compulsion, or helplessness. Releases responsible will only happen if there is freedom of the press (freedom of press) because without freedom or freedom, any form of responsibility of the press will be apparent as a manifestation of pressure, compulsion or helplessness. Government or dominant parties are not allowed to use the press as a tool of power or arrange everything on the positions, roles, and responsibilities of the press without giving the necessary rights by the press because it will only limit the freedom or the freedom of the press