Abstract:
Cases of hate speech on social media still occur frequently in Indonesia, even by
mass activists, as was done by Edy Mulyadi who called the new National Capital a
place where genies throw away children. The process of sentencing Edy Mulyadi
has caused turmoil in society regarding imposing sentences based on applicable
laws and regulations and analysis based on the principles of justice. Therefore, the
aim of this research is to determine the accuracy of the sentence against Edy
Mulyadi based on applicable laws and regulations and analysis based on the
principles of justice. This research uses a normative juridical approach by taking a
legal approach, legal theory and other legal sources. The results of the research
show that Edy Mulyadi has violated Article 15 of Law Number 1 of 1946
concerning criminal law regulations because Edy Mulyadi should have known that
his words were incomplete news and had caused controversy in society. There was
injustice in the judge's sentence regarding Edy Mulyadi's prison sentence, which
was only given a light sentence, namely 7 months and 15 days in prison.
Meanwhile, the context of the speech expressed in the Edy Mulyadi case is very
serious and should receive a punishment appropriate to the violation.
