Author(s): Muzakkir Amir, Saparuddin S. Si
In its development, the criminal act of defamation has become more modern along with the increasingly advanced development of information and communication technology. The growing social media also provides great opportunities for crime to occur. Considering the danger that will be caused, Islamic law is threatened with severe punishment for the crime of defamation. The more rapid the development of science, including the emergence of various types of social media which are used as a means for social interaction, the possibility of changing the mode of criminal defamation will also develop. For this reason, an in-depth study of various cases of defamation is needed in the hope of deepening insight into the ITE Law. The problem in this research is wanting to know how criminal acts of defamation are in the ITE Law Article 27 No.11 of 2008 in conjunction with Article 45 of the Law. Law No. 19 of 2016. This research aims to describe the contribution of law, in order to provide an explanation regarding criminal acts of defamation. This research uses qualitative methods where data collection is carried out by literature study and documentation. The results of the research show that the legal perspective of defamation contained in the Criminal Code Chapter XVI articles 310 to article 321 insults in this chapter includes six types of insults, namely; Article 310 paragraph (1) regarding defamation, Article 310 paragraph (2) regarding insulting with a letter, Article 311 regarding slander, Article 315 regarding light insults, Article 317 regarding slanderous complaints, and Article 318 regarding slanderous accusations, as well as outside the Criminal Code Article 27 Paragraph 3 of Law Number 11 of 2008 concerning Information and Electronic Transactions. Meanwhile, the legal impact of criminal acts of defamation in the ITE Law Article 27 No.11 of 2008 in conjunction with Article 45 of Law no. 19 of 2016, the public will be more selective in distributing and/or transmitting and/or making accessible electronic information and/or electronic documents so as not to cause insults and/or defamation. Model of offense formulation in Article 27 paragraph (3) jo. Article 45 paragraph (1) of the ITE Law has its own consequences because in practice the Courts decide differently regarding the formulation of the offense.