Tinjauan Yuridis Penanganan Tindak Pencemaran Nama Baik Melalui Strategi Pidana Restoratif

Calang, Frizy Afrianto (2024) Tinjauan Yuridis Penanganan Tindak Pencemaran Nama Baik Melalui Strategi Pidana Restoratif. Skripsi thesis, Universitas Kadiri.

	Text COVER.pdf Download (96kB)
	Text ABSTRAK.pdf Download (72kB)
	Text BAB 1.pdf Restricted to Repository staff only Download (7kB)
	Text DAFTAR PUSTAKA.pdf Download (89kB)

Abstract

The concept of restorative justice is considered effective in tackling legal problems, especially in criminal acts of defamation. The defamation case must be resolved so that the law is not used as a means of revenge (Lex Tallionis). The law must pay attention to the value of the usefulness of law and justice. So, every human interest can be protected. This study aims to determine the urgency of the need for restorative justice, how the criminal acts of defamation are resolved, and the anticipation efforts in the application of restorative justice in the settlement of criminal acts of defamation. This research also uses normative methods and uses qualitative descriptive analysis techniques. The results showed that there are several urgencies in the application of the principles of restorative justice in the settlement of criminal acts of defamation: 1) Legal purposes (ethical/justice, utility/happiness, order), 2) Law enforcement, 3) Human Rights, 4) State presence, 5) Principles of Fiction, 6) Lex samper debit remidium, 7) Prison is not the solution, 8) The power to be commander in chief and not the law, 9) Data on the importance of applying the principles of restorative justice in the settlement of criminal acts of defamation. Meanwhile, the settlement of criminal acts of defamation is carried out by upholding the principles of restorative justice at the level of investigation, prosecution, and court, and criticism of the application of restorative justice (Investigation: Circular Letter 8/VII/2108, Prosecution: Perja no 15 of 2020, Court: Decision letter director-general of the general justice agency 1691/DJU/SK/PS.00/12/2020). Anticipation efforts in criminal acts of defamation include Plea Bargain or the guilty confession of the defendant, efforts to forgive the victim to the perpetrator, efforts to repair by the perpetrator, participation of stakeholders, making special rules regarding the implementation of restorative justice in criminal acts of defamation. Keywords: Urgency, Defamation, Restorative Justice

Item Type:	Thesis (Skripsi)
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Prodi Ilmu Hukum S1
Depositing User:	Unnamed user with email rio.mahardiko@gmail.com
Date Deposited:	24 May 2025 04:01
Last Modified:	24 May 2025 04:01
URI:	http://repository.unik-kediri.ac.id/id/eprint/793

Actions (login required)

View Item