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Article Volume 6 Issue 4 1883 - 1892 August 18, 2023

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

Lead author · Corresponding
FX. Hastowo Broto Laksito
Lecturer at Universitas Slamet Riyadi, Surakarta, Indonesia
Co-author
Bambang Hermoyo
Lecturer at Universitas Slamet Riyadi, Surakarta, Indonesia
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.

Type
Article
Information
International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 1883 - 1892
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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