DISPARITAS PUTUSAN PIDANA (PASAL SAMA PUTUSAN BERBEDA) PADA KASUS PENCEMARAN NAMA BAIK DALAM UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK (ITE) TERHADAP PARA TERDAKWA

CHALIM, NOER (2024) DISPARITAS PUTUSAN PIDANA (PASAL SAMA PUTUSAN BERBEDA) PADA KASUS PENCEMARAN NAMA BAIK DALAM UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK (ITE) TERHADAP PARA TERDAKWA. Masters (S2) thesis, Wijaya Kusuma Surabaya University.

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Abstract

The Disparity In Criminal Decisions (Same Article, Different Decision) In Cases Of Defamation In The Information And Electronic Transactions (ITE) Law Against The Defendants This research was carried out with the aim of finding out the disparity in criminal decisions (different articles and decisions) in cases of defamation in the Information and Electronic Transactions (ITE) Law against the Defendants, the Defendants referred to in this research are Defendant I and Defendant II, namely that they were both charged with the same articles and the same charges in the defamation cases under the Information and Electronic Transactions (ITE) Law but the decisions were different. The witnesses presented by the Public Prosecutor against Defendant I and Defendant II were also the same, but the defense of Defendant I's Legal Counsel and Defendant II's Legal Counsel were different. The differences in defense by the legal advisors for each defendant made the panel of judges' considerations regarding defendant I and defendant II also different. The research method used in this thesis is a normative juridical research method, namely an effort to find problems by researching and studying positive legal norms using the concept of Law in book, namely by conducting a literature study. The researcher examines the issue of disparity in criminal decisions (the same articles has different decisions) in the cases of defamation in the Information and Electronic Transactions (ITE) Law against the Defendants, namely Defendant I and Defendant II based on the decision of the Gresik District Court in criminal case number: 83/ Pid.Sus/2021/PN.Gsk., as well as other legal sources. The approach method use is the case approach and the statute approach so that from in-depth analysis and understanding conclusions can be drawn The differences in verdicts occurred due to differences in the panel of judges' considerations regarding Defendant I and Defendant II. Defendant I was declared not proven guilty because the elements were not met, while Defendant II was declared guilty because the elements were met. II was declared proven to have committed a criminal act.

Item Type:	Thesis (Masters (S2))
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Master in Law Sciences Study Program
Depositing User:	31 Noer Chalim UWKS
Date Deposited:	12 Sep 2024 04:25
Last Modified:	12 Sep 2024 04:25
URI:	http://erepository.uwks.ac.id/id/eprint/18873

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