This writing finds a strict interpretation of the criminal act of defamation through social media, where many cases criminalize a person who does not deserve to be called the perpetrator or suspect of defamation. The questions of this writing are how defamation through social media is categorized as a cyber crime and how law enforcement officials should interpret elements of defamation through social media. The results of the study show that, first, defamation through social media is part of a cyber crime. because it is in an electronic and cyberspace environment and secondly, the interpretation of the crime of defamation should be based on the guidelines of the Joint Decree regarding guidelines for the implementation of certain articles in the ITE Law between the Attorney General’s Office of the Republic of Indonesia, the Police of the Republic of Indonesia and the Minister of Communication and Information, Number 229 of 2021 dated June 23, 2021 which is more careful by paying attention to aspects of perpetrators and victims. Suggestions in this writing is outreach to law enforcement officials to comply with this interpretation. Keywords: social media, defamation, cyber crime
This article aims to explain the obstacles in handling cases of gross human rights violations in Indonesia and the concept of resolving cases of serious human rights violations in the perspective of local wisdom. This article does not only lead to normative law that is more directed to research on the legal principles but also considers empirical facts as a reality in the settlement of gross human rights violations. Using the Case study of Tanjung Priok, the author focuses on the challenges to the settlement of gross human rights violations in the perspective of local wisdom. The results showed that the settlement of gross human rights violations through the legal process has encountered many challenges and deadlock, along with trauma to victims that result in a severe and long-lasting effect. Second, the settlement of gross human rights violations in the Tanjung Priok case can be carried out by the state, by apologizing to the victim as well as providing reparations, rehabilitation, and compensation as a state responsibility. For the recommendations, the author suggests the need for more detailed arrangements of solutions for victims whose case already has permanent legal force, such as in the Tanjung Priok case, and accommodating the values of local wisdom to improve the norms contained in the Law on Human Rights Court, especially those relating to the process of settling gross human rights violations through non-judicial channels.Keywords: Settlement of Gross Human Rights Violations; Tanjung Priok case; local wisdom
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