ANALISIS PEMBUKTIAN TERHADAP TINDAK PIDANA PENGHINAAN DALAM KONTEN YOUTUBE PADA PUTUSAN PENGADILAN JAKARTA SELATAN (STUDI KASUS PUTUSAN NOMOR 1327/PID.SUS/2019/PN JKT.SEL)

Abstract

The use of Youtube social media is often misused for purposes that violate the law or unwittingly the
content uploaded contains criminal acts. One of these cases is Decision Number
1327/Pid.Sus/2019/Pn Jkt.Sel or more virally known as the "salted fish" case in which the content
contains content that violates decency and insults/defamation. The research problem emphasizes more
on how to apply evidence against criminal acts of humiliation through Youtube social media in the
case of decision Number 1327/Pid.Sus/2019/Pn Jkt.Sel? The method used is normative juridical with
deductive data analysis techniques. The application of evidence to prove the criminal act charged with
remains refers to Article 184 of the Criminal Procedure Code regarding evidence, namely witness
statements, expert statements, letters, instructions and statements of the defendant. In this case, the
evidence submitted is the testimony of witnesses including victim/reporting witnesses, statements of
experts, namely ITE experts and criminal law experts, as well as statements of the defendants. For
electronic evidence and print outs. The indictment of Article 27 paragraph (1) the prosecutor was
unable to prove the existence of a moral violation charge so that the judge chose the primary
alternative indictment Article 27 paragraph (3) was proven as a criminal act of defamation and each
perpetrator was qualified as "a person who participated in committing" (mede pleger). The
government and the legislature need to revise the ITE Law because there are many articles with
multiple interpretations that allow for wild interpretations to obscure the true meaning.