The Criminal Act of Dissemination of Fake News via Social Media in the Perspective of Individualization of Criminal
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 10
Abstract
This study focuses on 2 (two) main issues. First, how is the judge's decision considered based on the perspective of individualization of punishment? The second main issue is the factors that influence the judge's decision based on the perspective of individualization of punishment for the crime of spreading false news through social media. The implementation of the perspective of individualization of punishment in the Decision of the Jayapura Class IA District Court Number 16/Pid.B/2020/PN Jap is implied in 6 (six) main points of the judge's consideration, namely (1) the indictment and criminal charges of the Public Prosecutor, (2) the defense of the Legal Counsel, (3) evidence in the form of witness statements, both charge witnesses and a de charge witnesses, expert statements, defendant statements, (4) evidence, (5) trial facts, (6) proof of elements of the crime of spreading false news through social media. In addition, 5 (five) factors influence the decision, namely (1) the condition of the perpetrator, (2) the motive of the perpetrator, (3) the impact of the crime committed, (4) the form of the perpetrator's mistake, (5) the purpose of the punishment. Thus, the judicial freedom of judges does not mean that judges abandon the perspective of individualization of punishment this perspective of individualization of punishment provides direction for judges in constructing decisions on criminal cases of spreading fake news through social media, which is fully supported by at least 2 (two) pieces of evidence and the judge's legal conviction (juridische overtuigingen).
Authors and Affiliations
Basir Rohrohmana
Keywords
Related Articles
- EP ID EP747098
- DOI 10.47191/ijsshr/v7-i10-02
- Views 61
- Downloads 0
Analysis of the Court's Decision on Criminal Actions Harding Outbreak Management with Lawrence Friedman Theory Perspective
The forced retrieval of the bodies of COVID-19 patients from the hospital occurred during the COVID-19 outbreak, such as the case that occurred in the Surabaya District Court Decision No. 1857/Pid.sus /2021/PN.Sby, in wh...
Implementation of Entrepreneurship-Based Vocational Education (Multi Site Study at Slb Negeri 1 Martapura Dan Slb-C Negeri Pembina Provinsi Kalimantan Selatan)
The purpose of this research is to describe and examine the principal's leadership in the two great schools. A multi-site qualitative technique is used in this study. The principal, deputy head of public relations, and d...
Unravelling the Gbeklug of the Subanens through the Lens of their Folk Narratives
Folk narratives are rich repositories of the cultures of Indigenous peoples. For example, the Subanens in the Zamboanga Peninsula, Mindanao, Philippines, have several folk narratives that can shed light on their material...
A Critical Discourse Analysis of Hespress’ News Articles on the Issue of Irregular Migration
Over the past few years, the arrival of social media has altered the Moroccan news media landscape. Online newspapers have become inescapable sources of information thanks to their accessibility and interactivity. Accord...
Participatory Newspapers: A Thematic Analysis of Online News Articles and Readers’ Comments
E-newspapers have become inescapable sources of information thanks to their accessibility and interactivity. In their commentary sections, these digital platforms have given voice to their audience to have their say in w...