THE JURIDICAL ANALYSIS ON HATE SPEECH THROUGH SOCIAL MEDIA THAT CAUSING POLEMICS IN SOCIETY (CASE STUDY OF EDY MULYADI)

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.