PERSPEKTIF SIYASAH TASHRI'IYAH TERHADAP PENCEMARAN NAMA BAIK DALAM PASAL 27 AYAT (3) UU NO. 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UU NO. 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

Defamation and/or humiliation committed through electronic systems is regulated in Law No. 19 of 2016 concerning Amendment to Law No. 11 of 2008 on Information and Electronic Transactions (hereinafter referred to as ITE LAW) Article 27 Paragraph (3), but prior to article 27 Paragraph (3) of this ITE Law, the regulation on insult and/or defamation has been regulated in the Criminal Code. In addition, there are many alleged violations of the ITE Law, violations of the ITE Law are mostly related to Article 27 Paragraph (3) of the ITE Law. Since this ITE Law was passed in 2008 which was later revised in 2016, it has caused pros and cons to the existence of Article 27 paragraph (3) of this ITE Law, which is considered capable of silencing or curbing freedom of expression and public opinion, even though freedom of expression and public opinion is the fundamental right of everyone who has been guaranteed by the Constitution. This is very interesting to be reviewed further on why there are pros and cons to Article 27 Paragraph (3) of the ITE Law and how the perspective of siyāsah tasyrî'iyyah against Article 27 Paragraph (3) of the ITE Law. This type of research is library research using a juridical-normative approach. Legal materials used are primary legal materials (Legislation), and secondary legal materials (books, journals or others that can provide explanations about the primary legal material). This research data analysis technique is qualitative analysis. The result of this research is, first, the emergence of pros and cons to Article 27 Paragraph (3) of the ITE Law due to differences in legal interests against Article 27 Paragraph (3) of the ITE Law. The Pros argue to protect the dignity and dignity of a person who is a fundamental right, while the Counter argues to protect the freedom of speech and or expression of a person who is a fundamental right. Second, the policy in the determination of Article 27 Paragraph (3) in the ITE Law according to the basic principles of siyasah tashri'iyah is that there are principles that are fulfilled and there are principles that are still not met, the principles fulfilled are the principles of gradually in establishing the law, while the principle of little lawmaking, the principle of providing ease and leniency, and the principle of the enactment of the law following human benefit has not been met with the policy in the determination of laws related to defamation and / or humiliation through electronic media (Article 27 Paragraph (3) of the ITE Law)