The Policy of Crime on the Resolution of Defamation Case Conducted by Citizen Journalist in Human Right Perspective

Abstract

A citizen as journalist doer in line with legal subject is susceptible of legal problem. Some cases have been suffered by citizen as journalist who conducting activity of giving information via social media, mailing list, blog, or other information and communication technology facilities. Act 27, verse 3, of the Statute number 11 of 2008 on the Electronic Information and Transaction (ITE) become obstacle for citizen journalist.   This research took title: Crime Policy on the Resolution of Defamation Conducted by Citizen as Journalist in Human Right Perspective. The main problem was focused on first, to what extent the crime policy on case resolution of citizen as journalist who conducting defamation in the perspective of human right.  The research benefit theoretically gives benefit to develop legal science, specially related to resolution of cases as effect of citizen activity as journalist who conducting defamation. Practically, this study hopefully give benefit to stakeholder specially in formulating crime policy for citizen as journalist who conducting defamation in perspective of human right.  The research method uses normative law. The approach uses statute approach; case approach;   comparative approach and conceptual approach. The approaches are applied to develop legal argumentation in order to solve problems being studied.  The criminal policy related to defamation case by citizen as journalist in Indonesia still shows some differences. Some cases of defamation whether resolved using penal mediation or not, as stated in Circular Letter of f the Indonesian Police Chief on Hate Speech. However, in other cases investigator directly applied act of defamation in Criminal Code or the Statute of ITE.

Keywords: Criminal Policy, Defamation, Human Right