The Offense of Sharing Electronic Document Disseminating Electronic Documents Containing Defamatory Information

The rapid development of information technology has raised concerns about cybercrime and mayantara crime, which has an impact on various aspects of life. Therefore, people who communicate on social networks must have good ethics and interact well with others because their mistakes can result in criminal sanctions. This research aims to understand criminal offenses, sanctions, and legal considerations in the dissemination of defamatory electronic documents and information. Normative juridical is used by the author in this research which means using court decisions as the basis for solving problems. Secondary data is obtained from primary data used in this research. Data for this research was collected through literature research. Qualitative data was used for analysis. Dissemination of electronic information containing defamation or Article 27 paragraph (3) of the Electronic Information and Transaction Law regulates defamation. Defamation of private electronic information is a violation of the law. In Decision No. 978/Pid.Sus/2018/PT. MDN of the Medan High Court, the judge decided that the perpetrator of the criminal offence of disseminating electronic documents and information containing insults and defamation fulfilled the requirements of Articles 45 and 27 of the Electronic Information and Transaction Law, both including paragraph (3). This research concludes that the judge has applied the provisions of the Electronic Information and Transaction Law. Future research should conduct field research related to this field.


INTRODUCTION
The virtual progression significantly has some impacts, such as both the future and present lives of modern society.In addition, the emergence of unlawful activities in the sector associated with cybercrime, is a concern generated by the expansion of information technology.Raodia Raodia, "The Influence of Technological Development on Cybercrime," Jurisprudentie : Department of Law, Faculty of Sharia and Law 6, no. 2 (2019): 39.As a result of the advancements in science and technology, it is now possible for individuals to quickly achieve their life goals, whether legitimately or unlawfully, by rationalizing everything for financial gain, particularly through the use of internet-based information technologies.The rapid advancement of data and communication technologies influences every aspect of human life.Telephone, fax, television, internet, and cell phones have become indispensable, particularly in urban areas.
The rapid and effective dissemination of information through landlines, mobile phones, computers, the internet, and various other electronic media has transformed the way humans work, study, manage companies, run governments, shop, and conduct trading activities.People often refer to this phenomenon as the "information revolution" or the "era of globalization" because it simplifies the process of locating, collecting, and transmitting disparate types of data across national borders, eliminating the need to know their physical location.Information technology will be of paramount importance in both the present and the future."Information technology and electronic media are considered pioneering symbols, which will integrate all world systems, both in social, cultural, economic, and financial aspects," according to Didik Rachbini."The ongoing era of globalization is a sign of technological development itself."(Rachbini, 2001) Globalization is the driving force behind the growth of information technology.A clear example of the impact of globalization on technological advancement is the substantial number of young children who utilize advanced electronic devices.These electronic devices facilitate access to the physical world through the internet network, also known as "cyberspace."(Susanto et al., 2022) The world is entering a new era of communication as a result of this kind of advancement in information technology.Consequently, information technology has influenced individual behavior on a global scale.Furthermore, as a result of the rapid advancements in information technology, the world has become borderless, facilitating the rapidity of social change."Today, information technology has become a useful and dangerous tool, as it not only improves human welfare, progress, and civilization, but also serves as a tool for lawlessness."(Ngafifi, 2014) The boundaries of the law should expand to include the violation once an unlawful act has occurred.
The laws of telematics are a product of the evolution of information technology.
Telematics law is also known as cyber law.Cyber law relies on the idea that telecommunications systems, like dial-up systems that depend on telephone lines or wireless systems that use specialized wireless antennas, support computers as a medium.(Futra, 2020) The advancement of information technology on the internet network also contributes to an increase in online criminal activity.Transactions and electronic communications frequently encounter the legal issue of information submission, particularly in the context of legal actions and evidence conducted through electronic systems.
In addition to their mutual influence, technology and law are impacting society.We can view technology as a tool to achieve specific goals, but we can also view it as a human endeavor.Humans develop each technology to address specific requirements and offer advantages to humans, such as enhanced productivity and work efficiency.(Balya, 2023) Finding a mobile phone or mobile phone is a substantial technological advancement.
Typically, mobile phones are capable of transmitting and receiving brief messages.
Nowadays, users can transform their mobile phones into miniature computers by equipping them with computer programs.(TaniArie S. M.; Najoan, Meicsy E. I.; Rumagit, Arthur M., 2012) This feature is extremely beneficial for businesses in a business setting, as it enables them to complete all tasks in a single location and in a timely manner.
Neutral technology has no negative or positive traits.However, technology is a source of temptation for those who wish to exploit or cause harm as it advances.As a result, people often view general technology as a criminal element, seeing it as a catalyst for criminal activity or a facilitator of evil, such as the commission of crimes through text messages.Evil's quality, quantity, and mode of operation continue to evolve as humanity advances.There are two empirical methods of articulating evil.The legal perspective views crimes as actions that the state should penalize.(Vinola et al., 2022) From a sociological perspective, both crimes are defined as all speeches, deeds, and behaviors that economically, politically, and psychologically socially harm society, violate moral norms, and attack citizens' safety, regardless of whether they are regulated in or outside the criminal code.
Electronic transmission of communication information and/or data frequently gives rise to legal issues, especially when it comes to evidence and legal actions conducted through electronic systems."Because of these modifications, information technology is becoming widely adopted and has altered human behavior."In addition to beneficial outcomes, technology also generates detrimental outcomes.This encompasses criminal acts of insult, hate speech, and the dissemination of information on social media platforms that are intended to incite discord or hatred toward specific individuals or groups of individuals based on their intergroup relationships, race, ethnicity, or religion.(Muannas & Mansyur, 2020) In addition to the negative repercussions, the crime has the potential to defame the victim by employing a modus operandi that insults the victim through the use of words, images, and hate speech.
Enforcing this criminal act is imperative to prevent misunderstandings that could harm society.(Ode & Karim, 2022) Haters, who are followers of social networks and make negative or insulting comments, often incite people to report information, which can lead to criminal charges,

PROBLEM FORMULATION
From the review to the literature and the previous studies, the main problems of the study are formulated as follows: 1. How is it a criminal offence to disseminate documents and electronic information containing defamatory? 2. How are criminal penalties applied for the distribution of electronic and written materials that include defamatory statements? 3. What are the legal considerations for judges in handing down PID.Sus/2018/PT.MDN, Decision No. 978/Medan High Court?

METHOD
This investigation is descriptive in nature, as it exclusively pertains to the subject matter.Descriptive research is the foundation of normative juridical research, which is a form of research that begins with problems and examines the reality of the field.This research involves disseminating offensive and defamatory data and electronic documents, linking them to relevant criminal regulations.The investigation utilized secondary data.
Original legal documents on electronic transactions and information crimes serve as the source of secondary data for this investigation.Tertiary legal materials, such as literature related to the subject under study, may provide additional information on primary and secondary legal documents, which are court sources (Sahir, 2022).Legal dictionaries and other closely related literature are examples of secondary legal material.In this study, researchers used three different approaches: statute, case, and conceptual (Marzuki, 2019) Examining the legislation governing the issue under discussion yields primary legal material.We employ literature analysis to collect secondary legal materiaL.Next, the researcher qualitatively studies and deductively evaluates the gathered legal documents.y.
This method uses legal regulations and theories relevant to the legal problem discussed by the researcher to reach a conclusion that will serve as a solution to the problem.

Documents and Electronic Data including Defamatory disseminated through Crimes
We must take into account everything we do online to avoid breaking the Law of ITE.
We will specifically discuss Article 27, Paragraph 3 of the ITE Law in this discussion, as it pertains to our research topic.During internet activities, one must be cautious so that their actions in online communication do not violate the ITE law.(Kristanto, 2023)  of the ITE Law ensures the protection of people's and organizations' rights by requiring their consent for any use of material containing personal data.Defamation is an attack on honor using electronic information.(Kusnadi, 2021) To qualify as criminal acts under Article 27 of the ITE Law, paragraph 3, sentences that contain insults or defamatory language must precisely meet three requirements: (Humas, 2023) 1. Documents and information objects embed this accompanying state component.Although these two components can be different, they are inseparable.2. Second, this element indicates the unlawful nature of the act of distributing, obtaining access to, and/or sending electronic data, as well as the purpose of this criminal act.The individual's dignity and honor are legally safeguarded.that, regardless of the judgment of the Court that has been described above, the application as categories of offences needing klacht complaints) to be prosecuted, and the basic principles included in the Criminal Code's Articles 310 and 311 must be taken into consideration while interpreting The ITE Law's Article 27 paragraph (3), (Heckman et al., 1967) therefore, it is likewise appropriate to interpret article a quo as an offence for which a complaint must be filed with the court and prosecuted.
The criminal code explains its section on criminal defamatory, which is controlled by components"?The Criminal Code specifically formulates the terms "distribute," "transmit," and "make accessible" defamatory content to include cyberspace in the publicly known and broadcast definition.(Sayogaditya & Arsawati, 2019) The Constitutional Court's opinion concludes that the transmission of data via electronic means does not include public elements.The definitions of "distribute," "transmit," and "make accessible" are expansive under the ITE Law.The ITE Law defines the following three terms: (Friastutu, 2021) 1. Distribution is the process of sending documents or electronic information through electronic media like the internet, mailing lists, and so forth.Code's insult provisions.For instance, the ITE Law does not apply to defamatory acts.
According to paragraph 310 of the Criminal Code (1), a defamatory act is one that disparages a person's honor or reputation by making a public allegation with a clear purpose.

Defamatory in Electronic Documents and Information Is Subject to Criminal Penalties
The imposition of penalties, specifically criminal penalties, is a characteristic of criminal law that distinguishes it from other laws.Criminal, according to Darwan Prints, is a punishment given to someone who is legally proven and convinced to commit a criminal act.
Crime, according to Muladi and Barda Nawawi Arief, is a social reaction, as explained below: (Pradityo & Tri Mayasari, 2021) 1.This occurs due to a violation of the law.
2. The law's order has prompted the relevant authorities to issue and implement measures.3. It entails challenges or, at the very least, unpleasant outcomes.4. It shows reproach against the perpetrator.
Meanwhile, the the definition of criminal according to Barda Nawawi and Muladi are that: 1. Basically, illness results in suffering, sadness, or other unpleasant consequences.2. Intentionally, a person or body is authorized to commit an offense; 3. Someone who violates the law and commits a crime faces consequences.
The previous statement defines criminal as a judge imposing suffering or suffering on a person who has proven beyond a reasonable doubt that they committed a crime."Criminal sanctions aim to deter a person by inflicting suffering on them for the offense they have committed."Once the legal practice establishes the punishability of an act, sanctions become a major issue.Barda Nawawi Arif stated that people still use crime as a deterrent.(Arief, 2014) Once you've established the criminal purpose, the criminal will take action, not the other way around.Essentially, the relevance of a new criminal goal hinges on the knowledge of its foundation, necessitating a precise formulation of the goal.
According to TJ. Gunawan, social progress has influenced the development of the existing theory of punishment's purpose.Furthermore, the ongoing criticism of the objectives of criminal execution has a significant impact on this theory.The theory and concept of punishment closely align with the purpose of punishment, which encompasses observation, reform, rehabilitation, as well as community protection and liberation.The purpose of punishment extends to those who seek to eliminate criminals.(Wijaya, 2022) Defamation is one of the illegal acts that frequently sparks debate in society.(Silaban & Marbun, 2020) The Criminal Code Article 310, which outlines Indonesian laws and regulations regarding defamation, specifies in paragraph (1) that a person faces a maximum jail term penalty of three hundred rupiah or nine months in jail, whichever comes first, if they deliberately harm someone's honor or good reputation by making false claims about anything meant to be publicly famous.(Supriyadi, 2012) Additionally, paragraph (2) specifies that if the conduct is carried out by written words or broadcast images due to written defamatory shown or posted in a public place.The offending party is punished with three hundred rupiah in fines, or at least one year and four months in prison.Paragraph (3) states that actions taken for the general public's benefit or self-defense do not qualify as written or public defamation.(Rantung, 2022) Considering the creation of the previously mentioned article, we propose that paragraph (1) of Article 310 of the Criminal Code permits defamatory lawsuits, provided that the act in question leads to an accusation.It appears as though the individual receiving the insult or defamation hasn't taken any action to spread the gossip.Criminal activities (like cheating, embezzlement, adultery, etc.) don't require accusations, but everyday actions like prostitution in brothels do.Despite the fact that prostitution is not illegal, the individual in question finds the announcement quite humiliating.Since the accusation cannot be made with writing or pictures, it falls under the Criminal Code's Article 310, paragraph (2), and is considered written defamatory; the accusation must be made orally.(Baik, 2023) Article 27, Paragraph 3 of the ITE Law likewise governs defamatory behavior: "Nobody can share anything without permission or knowledge, send or make available any data and electronic documents that are disparaging or libellous, in compliance with that article's stipulations."Article 45 Paragraph 1 of the ITE Law stipulates a maximum sentence of six years in prison and/or fines up to one billion rupiah for those who meet the requirements outlined in paragraph (3) of Article 27. (Lumenta, 2020) According to the previous statement, the criminal clauses of the ITE Law serve to deter criminal acts by instilling fear of punishment.The formulation of the ITE Law is crucial because it makes actions prohibited in the ITE Law a criminal offense.(Kardiyasa et al., 2020) In criminal law, there are two principles for applying criminal penalties: the last resort and primum remedium.Indonesian criminal law ingrains the ultimum remedium concept, which asserts that the use of criminal law in law enforcement should only be a last resort; despite the contradictory concept of primum remedium, it asserts that applying criminal law should be the primary option.
Under Paragraph (3) of Article 27 of the ITE Law, the primary options are either a fine of one billion rupiahs or a jail sentence of six (six) years.The ITE Law's methodical approach, which establishes criminal law as the ultimate resolution, shows that criminal sanctions are considered the ultimate remedium.(Samudra, 2020) The ITE Law continues to consider additional methods of settlement.Criminal defamation can be handled through criminal law enforcement.Preventive is another method of dealing with this.Educating students about ITE and moral principles at a young age can help lower the incidence of criminal defamation.Education is one tactic for preventing police enforcement.
Criminal law serves as a last option to safeguard a variety of values and interests, and its application to the concept of ultimum remedium serves to control and defend people's lives.The implementation of this idea supports initiatives to combat crime by using the criminal law judiciously.Without this objective, the application of criminal law would be irregular, as there would be no established rules.Article 27 of the ITE Law, along with its associated criminal penalties, applies to any defamatory elements displayed on social media networks using this software.ticle 45, a fine of up to Rp 1,000,000,000.00 or a maximum term of 6 (six) months in prison shall be imposed on anybody who satisfies the conditions stated in Article 27 paragraphs (1), ( 2), (3), or (4).In this scenario, we should perceive any subject of law as susceptible to legal accountability.Every subject of law possesses the capacity for responsibility, also referred to as toerekenings van baarheit, which refers to situations or events that have the potential to penalize an individual for violating legal prohibitions.

Legal Aspects the
The public prosecutor's indictment names Melfin Sihombing as the defendant, who is physically and spiritually healthy and capable of accepting responsibility for his actions.
The testimony he provided during the trial provides proof of this.The defendant's ability to chronologically inform the judges' panel that the accused is a normal individual without the psychiatric disorders required to explain his actions satisfies every element in the case.

Without rights and intentionally
According to Van Toelichting's Memory (MVT), intentionality (opzet) is defined as consciously and understandingly performing an illicit act.(Moeliono, 2019) According to Van Hamel, an offense can only be considered opzet if the offender has committed a prohibited act or initiated a prohibited effect.(Deliarnoor & Suseno, 2013) The PAF states that the term "willens en wetens" can give the impression that a new offender can be considered to have committed a crime intentionally if he really wills and understands the intent of his actions.(Utoyo & Afriani, 2020) There are three types of intentionality: (Kalia, 2013) 1. Intentional purpose (opzet als oogmerk) refers to the performance of an action or the occurrence of an effect according to the maker's intent.
2. Intentional awareness of certainty or necessity means that even if the action done or the occurrence of an effect is not the intended one, in order to achieve the intended effect, it must do so.
3. Conditional intentionality or possibility conscious.When we perform an action or achieve an intended effect, we recognize the possibility of other consequences.
A person without rights engages in actions that violate the law, legislation, or other people's rights.In this context, "no rights" refers to actions that a person without rights or in violation of the law commits, such as distributing, transmitting, or providing access to electronic materials and information that are disparaging or libellous.The judicial panel determined that the defendant had posted content on online platforms, making it visible and readable for those with access to these platforms.Therefore, we can classify the accused's actions as either the distribution of electronic documents or the distribution of comprehensible electronic information.The defendant created and sent this electronic document through online media, which hardware such as computers and cellphones can display and view.
Thus, the judges came to the conclusion that "information and/or electronic documents being distributed, transmitted, or made available" qualified under the law.The insult The judges concluded that the published articles met the requirements for insult and/or defamation.The defendant's statements during the trial lacked verifiability and amounted to insult and defamation against others.(Dictum-Edisi-3-2004, n.d.)Given the facts revealed during the case trial, the panel of judges determined that there was no justification or forgiveness for absolving the defendant of criminal liability.The judges came to the conclusion that the accused did the deed while aware and in his normal mental functioning and that he was considered capable of responsibility.
According to Code of Criminal Procedure Article 193 paragraph (1), the accused must be judged guilty of the crime for which they are charged.The accused must be sentenced to a crime.The court must find the accused guilty of assuming responsibility.The defendant violated the ITE Law's Paragraphs (3) of Article 45 and Article 27 by committing an offense, namely the distribution of electronic materials and information that are defamatory or insulting.(Pasca et al., 2022) 1. Components of each individual.2. Elements that are without rights intentionally.3. Distribute, electronic documents and information to be sent and made available.
Goods are insulting and/or defamatory.The act of disseminating electronic documents and information that contain insults and defamation is fulfilled.Therefore, the court must find the accused guilty or impose criminal penalties.Before imposing a crime that is considered commensurate with his actions, the judge considers the following aggravating and mitigating matters: 1.The fact that the defendant's actions have disturbed society and also harmed others is problematic.

Favorable things:
1) At the trial, the defendant was polite.
2) The defendant has never been convicted of a criminal offense before.Thus, before the court establishes or renders a judgment against the perpetrators of criminal acts that disseminate offensive or defamatory electronic materials and information, Therefore, the judge must take into account a variety of factors first.For instance, the judge must take into account various factors such as the information revealed during the trial, both legal and non-legal considerations, the defendant's family circumstances, and other matters related to the offense the defendant committed.Everyone knows that judges are tasked by law to receive, examine, decide, and settle cases, and they are always required to make correct and fair decisions.Judges enjoy freedom and autonomy in carrying out their duties.When it comes to making decisions on criminal cases, judges are very free and independent.
In their efforts to make decisions and impose criminal sanctions, judges must consider the accusations of the public prosecutor.The public prosecutor's accusations, witness statements, evidence, and criminal law provisions all play a significant role.There are also non-juridical considerations, which include the circumstances surrounding the defendant at the time of the conduct, theThe judge's decision was based on the lawful apprehending of the offender, in compliance with the ITE Law, and his clear conviction of intentionally Based on the decision made by the judges of the district court in Medan, which was recognized by the Medan High Court, researchers disagreed with the judges' decision because their decision to only sentence Melfin Sihombing to 1 year in prison was too light compared to the Public Prosecutor's demand for 1 year and 6 months imprisonment.Too light a punishment will not deter the offender.Section 45, paragraph (3) of the ITE Law requires that they get a harsher punishment (Ziar, 2022) stating: "If anybody purposefully and without authorization disseminates, transmits, makes available, or produces electronic documents that include offensive or defamatory material as specified in Article 27, the maximum penalty for them would be Rp 750,000,000.00 in fines, or a maximum of 4 (four) years in jail.".
Criminals who commit acts of disseminating electronic materials and information that are insulting and defamatory are subject to severe punishment under the ITE Law.The ITE Law mandates harsh penalties for these acts, as they cause harm to the community.(Prasetyo, 2021) To deter offenders and prevent those who aspire to commit criminal offenses from disseminating disparaging and slanderous electronic documents and information, we must severely penalize criminals who distribute defamatory or insulting electronic documents and information.

CONCLUSION
The findings of this investigation may lead to the following conclusions.The unlawful distribution of electronic documents and information is governed by Paragraph (3), citing ITE Law's Article 27, that contain defamatory or insulting statements, as well as criminal acts that harm someone due to an honor attack through personally intended electronic information.The under the provisions of Law Number 19 of 2016 and the Amendments to Law Number 11 of 2008 concerning Electronic Transactions and Information (ITE Law).(Yanuaria & Rongalaha, 2019) The ITE Law, particularly paragraph (3) of Article 27, is intended to protect the rights of individuals and organisations.This requires the individual to authorize any media transmission of personal data.An attack on honor through electronic information is known as defamatory.(RI, 2016) Currently, criminal defamation is a legal violation that requires special attention.Many defamatory cases are increasing in society due to the rapid development of electronic information.(Siraitet al., 2020) This technological development encourages various unlawful acts, particularly defamatory actions caused by contemporary technology.Defamatory offenses are subjective, allowing the victim to assess their level of danger.The police can only intervene if an individual believes that the damage to his reputation constitutes defamation.Article 27, Paragraph 3 of the ITE Law prohibits the intentional and unauthorized dissemination of information.Sending and/or making digitally available information containing offensive or slanderous content is necessary.Article 27, Paragraph 3 3. The Criminal Code specifically prohibits general insults, particularly slander, under this criminal act.According to Adami Chazawi, the Information Technology Law's Section 27 Paragraph (3) and Section 45 Paragraph (1) treat insults as lex specialis, distinguishing them from various types of insults found in the Criminal Code, particularly defamatory ones.The ITE Law considers the generalist lex to be one form of insult that must exist.The ITE Law contains the following derogatory phrases:(Arifin et al., 2020) 1.The Criminal Code, Book II, Chapter XVI, includes all phrases that contain elements of insult, especially words or elements of insult used in the paragraph 3 formulation phrases of Article 27, which have juridical meaning.Starting from defamation, slander, minor insults, slanderous complaints, causing false prejudice, to humiliation of the dead.2. It is very clear that, in the case of defamation, the intention is pollution-regulated, as stated in paragraph (1) of Criminal Code Article 210.However, Article 27's paragraph (3) does not provide an exhaustive list of terms.The term "honorifics" (eer) does not include any other sourceApart from honor (eer), the only other contaminated object is self-esteem in the domain of excellent reputation (goeden namm).iscontaminated.The improper placement of derogatory and/or defamatory words leads to their misuse."Humiliation or harassment does not constitute a name or qualification for a criminal offense, although it includes a collection of criminal offenses with similar characteristics and purposes."Particularly, these violations safeguard legal interests.(SaepulRochman et al., 2021) The Penal Code defines the offence of specific insult under sections the following articles are repealed: 342, 136 bis, 137 (those three are removed), 142, 142a, 143, 144, 154a, 154 and 155 (not relevant), 156, 156a, 157, 207, and 208..The Offences Against the articles use a common insulting nature.Humiliation is the act of undermining someone's or a group's sense of self-worth in relation to their honour and reputation.Due to the general nature of contempt, people find all of these emotions unpleasant and uncomfortable.Therefore, the epithets included in the piece must be accepted as part of any type of insult.In principle, a defamatory or insulting act is one that tarnishes or ruins someone's reputation by harming their honor or good name.Understanding the definition of defamation is crucial in determining whether an act constitutes an insult or defamation.(Agustin& Michael, 2022) Only those who genuinely perceive a taint in his good name can sense his impurity or reputational harm.The victim has the ability to subjectively assess which context or element of the electronic document or information is considered to have damaged his reputation or honor.The Constitution protects dignity as one of the essential rights of individuals.Since others will not be able to assess victims equally, victims are the only ones entitled to legal protection.For many years, paragraph 3 of Article 27 of the ITE Law, specifically Articles 310 and 311 of the Criminal Code, contained the regulations on insults and defamatory language.The Code of Criminal Procedure, The term "insult" refers to a complaint offense.Using the ITE Law, ArIt can be challenging to apply Article 27, Paragraph 3 of the ITE Law, as it's not always clear whether this constitutes a violation of the complaint.3 of the ITE Law is legitimate, according to the Constitutional Court's 2008 ruling Number 50 / PUU-VI / 2008, exemplifies a complaint offence that has been considered by the constitutional court states: the ITE Law.It is known that the defamatory article is spread out in several articles of the criminal code, such as between Articles 310 and 321, and covers a wide range of defamatory crimes.According to R. Soesilo, criminal defamatory includes the following categoriesabout the deceased The sections of the ITE Law and the Criminal Code highlight one of the differences in the regulations governing them.Some individuals contend that Article 310 of the Indonesian Civil Code, in conjunction with Paragraph 3 of the ITE Law's Article 27, establishes a general rule that encompasses the dissemination of offensive and/or defamatory electronic messages.For instance, because email is closed between individuals, it is considered ineligible as a form of public communication.(Sumampouw,2021) However, some argue that items in public spaces cannot transmit electronic signals due to their unique characteristics.The ITE Law protects the dissemination of information through all electronic channels, whether closed (such as email), open (such as websites), or not (such as the web and SMS).This is due to the undisputed nature of email and its association with public elements.In the Law Review Article 27 paragraph (3) and Article 45 paragraph (1) of Law No. 11 of 2008 are compatible with each other.In accordance with the ruling of The Constitutional Court's Number 50, PUU-VI, 2008, the Court declared that insults and defamatory acts committed online, or online insults, do not fall under the definition of insults or the defamatory regulations of the Criminal Code, as they involve aspects of public life.Does communication via the internet fall under the definition, as detailed in Article 310, paragraphs (1) and (2) of the Criminal Code, "publicly known, public, as well as broadcast 2. Transmission is the process of sending or forwarding data through telecommunication devices like a telephone or email.When interpreting and implementing Paragraph 3 of Article 27 of the ITE Law, one must understand and adhere to the fundamental standards contained in Article 310 and Article perspective, The ruling in Case No. 50/PUU-VI/2008 found that Article 27, Paragraph 3 of the ITE Law violated the 1945 Constitution.The Constitutional Court examined the matter.Paragraph 3 of Article 27 of the ITE Law, in line with the Constitutional Court's ruling, does not violate human rights or democratic ideals, as relevant law and the tenets of the legal system must safeguard a person's honor and good name.Section 3 of Article 27 upholds the Constitution.As opposed to the Criminal Code's more comprehensive provisions on insults, it seems that the ITE Law's paragraphs (3) of Article 27 and (1) of Article 45 are simple.Consequently, Article 27 of The ITE Law, Paragraph (3), requires citation of the Criminal Judge Considered in Decision 978/Pid.Sus/2018/PT.MDN The Medan District Court issued Decision No. 1832/Pid.Sus/2018/PN Mdn., and the Medan High Court confirmed it with Decision No. 978/Pid.Sus/2018/PT.MDN, stating that it was unlawful to disseminate data and electronic documents containing defamatory content.Therefore, the court has demonstrated that defendant Melfin Sihombing's actions were lawful and convincing, as he intentionally broke the law and lacked the authority to distribute offensive or defamatory data or electronic documents.The Medan District Court issued Decision No. 1832/Pid.Sus/2018/PN Mdn., and the Medan High Court confirmed it with Decision No. 978/Pid.Sus/2018/PT.MDN, which addresses criminal liability for criminal offenders who lack the authorization to send hateful and libellous electronic materials.Articles 45 paragraph (1) and 27 paragraph (3) of the ITE Law stipulate that individuals who send electronically drafted papers containing dangerous material without authorization will face criminal penalties.It is very clear that the actions committed by the defendants disregarded the clauses found in Articles 45, paragraph (1), and The ITE Law's paragraph 27(3); portions of The ITE Law's Article 45, paragraph (1), including Article 27's paragraph (3), consist of the following components:(Hasanah, 2023) 1. Whoever

(
beleediging) requirements of Book II of the Criminal Code, Chapter XVI, expert statements, defendants, and evidence at the trial that is directly related to the rules in Articles 310 and 311 of the Constitution are based on what the witnesses say.(Kurniawan& Hamonangan Pasaribu, 2022) According to systematic interpretation, insults are generally an abuse of a person's honor or beneficial name.
committing a criminal act.The offender lacked the necessary authorization to disseminate defamatory or insulting digital content, a violation of Articles 27 paragraph (3) and 45 paragraph (3) of the ITE Law.paragraph (3) and 45 paragraph (3).
term "Lex specialist" refers to the regulation of defamatory in cyberspace, including Under both Article 310 of the Code of Criminal Procedure and Article 45 of the ITE Law, as well as Paragraph 3 of Article 27 of the ITE Law, refer to "Lex generali."egulatory relationship leads to legal synergy in defamatory cases.Therefore, by applying the Lex specialist derogat legi generali concept, criminal acts that distribute information and electronic documents with offensive and defamatory material will be sanctioned.Criminal sanctions themselves are regulated and may be subject to imprisonment and fines.In Decision No.1832/Pid.Sus/2018/PN Mdn of the Medan District Court, which was confirmed by the decision No.978/Pid.Sus/2018/PT.MDN of the Medan High Court, the judge ruled that criminal offenders who disseminate data and digital documents that contain taunts and defamatory remarks satisfy the requirements of ITE Law Article 45, paragraph (3).