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 1
- Downloads 0
Enforcement of Human Rights in Providing Children Protection in the School Educational Environment in the City of Surabaya)
Human Rights are a gift from God Almighty to every human being who is owned even before humans are born into the world. In Indonesia, the position of Human Rights itself has been regulated in the Republic of Indonesia La...
Contribution of Female Leaders in Sports and the Attitude of Males towards Promoting Gender Diversity in Beijing, China
This study aims to explore the perceptions and attitudes of male leaders in Chinese sports organizations regarding gender diversity. The research will involve male teachers, instructors, and organizational leaders at Bei...
An Overview of Children's Room Interior Design
The paper analyses the state of children's room interior design today from the viewpoints of furniture and space, outlining the issues in both areas as well as the c oncept of children's room interior design and the vari...
The Establishment and Operation Process of Bien Hoa Industrial Zone in South Vietnam (1955 - 1975)
The industrial zone's contribution to the country's socio-economic development is very important, contributing to reducing the unemployment rate, creating more jobs for the active population; promote business environment...
Ethnic Cultural Identity in Mythology
Folk literature aims to express and record knowledge, experiences, thoughts, and feelings about social life, nature, and the universe. Therefore, folk literature is national, and any nation's folk literature has a strong...