VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessArticleVol. 6 No. IV (2023)pp. 1883–1892

Settlement of Criminal Defamation in the Digital Realm through Restorative Justice Efforts

View PDF
598views431downloads
Published 18 August 2023 · pp. 1883–1892 · Vol. 6 No. IV (2023)
Abstract

The restorative justice approach focuses on an approach that creates conditions to realise justice and balance for the perpetrators and victims of the crime itself. In the crime of defamation through the digital realm, the application of the ultimum remedium principle needs to be maximised, because basically the loss lies in reputation, so that with the restorative justice approach can be formulated compensation suffered by the victim with the restoration of the victim's condition as before. This research is a normative research using legal and non-legal materials as data sources. The approaches taken are conceptual approach and statutory approach. To find out how Indonesian positive law regulates restorative justice, a comprehensive study of the relevant regulations is needed. The results of this research confirm that restorative justice can balance the protection of human dignity and freedom of opinion or prevent the criminalisation of defamation cases and does not always lead to the criminalisation of the perpetrator, especially in defamation cases.

Keywords
Restorative JusticeDefamationDigital Realm

How to cite

FX. Hastowo Broto Laksito & Bambang Hermoyo, Settlement of Criminal Defamation in the Digital Realm through Restorative Justice Efforts, 6 Int'l J. L. Mgmt. & Human. 1883 (2023).

Cite this article

FX. Hastowo Broto Laksito & Bambang Hermoyo, Settlement of Criminal Defamation in the Digital Realm through Restorative Justice Efforts, 6 Int'l J. L. Mgmt. & Human. 1883 (2023).
Chat with us