TINDAK PIDANA PENCEMARAN NAMA BAIK DALAM UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK JUNCTO UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

Article 28E paragraph (3) of the Constitution of 1946 affirm that every person has the right to freedom of association, assembly and expression. Freedom of expression and opinion is a personal rights granted by the state to its citizens and guaranteed by constitutional. The birth of Law Number 11 Year 2008 on Information and Electronic Transaction is a product of the laws that governs related to defamation, namely in Article 27 paragraph (3). The beginning of the plan the formation of this legislation is fresh air to the society because at that time there has been no regulations governing related crime in the virtual world or cyber. However, there are problems which arise from this legislation because there are articles that are considered rubber or multiple interpretations in the community so it is considered a cause of depriving the freedoms of opinion, expression, access to information in the virtual world. Therefore this law several times asked by the society to the Constitutional Court for judicial review. Therefore, the authors wanted to examine it more assembled law provisions in the legislation is related to how the settings by using the literature used by the author and whether the settings in this law is in conformity with the principle of freedom of expression and opinion in the legislation on it. The type of research used by the author in this paper is library research (library research) and is descriptive analytical approach is normative juridical research. The author uses a variety of written sources, legislation and legal experts in Indonesia to see how the provisions of the law of criminal defamation and whether it had been in accordance with the principle of freedom of expression. The theory used by the author as a blade of analysis is the theory of interpretation of the law, theory of legal certainty, the principle of legality and human rights, especially freedom of expression. The results of this study, the authors conclude as follows: 1) the provisions of the law related to the crime of defamation is a rule that refers to Chapter XVI of the criminal code on defamation. The norm of the law, Article 27 paragraph (3) of the UU ITE is the enactment of special legislation into the new from the old legislation. Indeed it should be underlined related to the grammar used in the UU ITE related to defamation. 2) the settings of criminal defamation in the UU ITE had been in accordance with the principle of freedom of expression. A formal judicial settings of criminal defamation in the UU ITE is not contrary to the principle of freedom of expression