Analisis perbandingan hukum terhadap pengaturan pidana cyber defamation antara Indonesia dan Korea Selatan = Comparative law analysis on criminal regulations for cyber defamation in Indonesia and South Korea

Karamoy, Nazifa Gayatri (2021) Analisis perbandingan hukum terhadap pengaturan pidana cyber defamation antara Indonesia dan Korea Selatan = Comparative law analysis on criminal regulations for cyber defamation in Indonesia and South Korea. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

One of the rights guaranteed by the Indonesian Constitution is the right to express opinions, even though there are limits where in exercising this right, one person may not violate the rights of others. One form of violation of the rights of others is the act of defamation carried out by one individual to another, especially in this era of globalization, the defamation is carried out on cyber. One of the countries that has regulations regarding criminal acts of defamation is South Korea, hence it is sought that a comparative study to be conducted on that country. In this thesis, the researcher will discuss the ratio legis in determining criminal liability related to cyber defamation in Indonesia and South Korea and the comparison of the laws governing cyber defamation between (i) the Indonesia Criminal Code and the KCC; and (ii) Law No. 11 of 2008 concerning Electronic Information and Transactions as amended by Law No. 19 of 2016 and the Act on Promotion of Information and Communication Network Utilization and Information Protection. The theory used in the research is the Comparative Theory of Law, Crime, and the Crime of Defamation. This research is also based on the concept of Digital Crime and Digital Defamation. This research is a normative juridical law research with a comparative approach. In this study, it was found that the ratio of legislative regulations regarding cyber defamation, among others, is about the differences between interactions in the virtual world and in the real world. Then, both Indonesia and South Korea regulate defamation in the Indonesia Criminal Code and KCC, but more specific regulations regarding cyber defamation are regulated in the Act. Further, South Korea has Defamation Dispute Concilliation Division which is responsible to assess and decide on a claim from the alleged victim to demand the relevant provider of information and communications services to furnish the information necessary for filing a civil or criminal complaint which he or she possesses about the alleged offender. Meanwhile Indonesia does not have any specific division or agency who bears such responsibility.

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