Tindak Pidana Penghinaan: Pertanggungjawaban Pidana Pelaku Pendistribusian Konten Bermuatan Penghinaan Di Media Elektronik

In this paper, we analyze criminal liability for perpetrators who distribute insulting content. The purpose of this study is to determine the criminal responsibility of the perpetrator for the actions that have been committed and to find out the elements of the criminal act of humiliation and review it from the perspective of Islamic law. The approach method used is a doctrinal approach that will be carried out by studying library materials consisting of literature and applicable formal law or referred to as library law research. From this study it was found that the criminal responsibility imposed on the defendant can be known through a process at trial where the defendant's identity will be checked first to ensure that the person concerned is the culprit, then the elements of the criminal act of humiliation contain three elements, namely whoever refers to the legal subject, elements intentionally referring to the will, as well as the distribution of information orally or in writing. Based on the research, it was found that the perpetrator must be responsible for the actions that have been done to the victim, and be subject to criminal sanctions if it is proven that his actions fulfill these elements. From this research, it can be concluded that the Judge in examining the element of whoever refers to a person, deliberately refers to the will of, as well as the distribution of information orally or in writing that causes hatred, then the Judge assesses the condition of the defendant whether he is capable and in good health, and the Judge assesses the condition of the defendant. lighten and burdensome, finally the perpetrators can be subject to punishments such as hudud and ta'zir based on the perspective of Islamic law