Kajian Hukum pada Undang-Undang Nomor 19 Tahun 2016. Pasal 28 Ayat 1 dan Pasal 45A Ayat 1 ( analisis penegakan hukum tindak pidana tentang maraknya berita hoax)

Abstract

Freedom of expression is everyone's right and is guaranteed and protected by the constitution. This is regulated in Article 28E paragraph 3 of the 1945 Constitution of the Republic of Indonesia. Freedom of expression is closely related to the crime of spreading false news and information or hoaxes that contain incitement to hatred. In article 28 paragraphs 1 and 2 of law number 19 of 2016 contains changes based on law number 11 of 2008 concerning electronic information and transactions. Many parties misinterpret Article 28(1) and (2) of the ITE Law regarding freedom of expression, to the point of carelessly spreading fake news or hoaxes and information that contains incitement to hatred. The criminal offense against spreading hoax news is only applied to the perpetrator of the spread, perpetrators who request and order someone to spread hoax news have never been subject to sanctions or punishment.This research aims to analyze law enforcement related to hoax crimes in Medan City in the context of criminal law. Through a criminal law approach and empirical research, this research identifies the main challenges faced by law enforcement officials in handling hoax criminal cases.