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

  • FX. Hastowo Broto Laksito and Bambang Hermoyo
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  • FX. Hastowo Broto Laksito

    Lecturer at Universitas Slamet Riyadi, Surakarta, Indonesia

  • Bambang Hermoyo

    Lecturer at Universitas Slamet Riyadi, Surakarta, Indonesia

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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.




International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 1883 - 1892


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