THE SYMPTOMS OF OVER-CRIMINALIZATION ON DEFAMATION THROUGH ELECTRONIC MEDIA IN INDONESIA

Abstract This paper discusses the emergence of stigma in society regarding the existence of symptoms of overcriminalization in terms of handling defamation cases as contained in Article 27 paragraph (1) and (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 Year 2008 concerning Information and Electronic Transactions (ITE Law) by law enforcement. Among other things, due to the provisions in several articles in the ITE Law which still have multiple interpretations so that it requires a more comprehensive explanation, understanding of law enforcement that emphasizes the principle of legality compared to the principles/theories of criminal law that exist in the criminal law system, as well as the criminalization policy of the ITE Law itself which puts forward the criminal aspects more than other aspects, which results in freedom of opinion which is the right of every individual since birth and guaranteed by the constitution to be increasingly questioned. This research uses normative legal research. The problem approach used in this study includes the statute approach, the conceptual approach and the case approach. Keywords: criminal act, defamation, over-criminalization, electronic medi