PROGRESSIVE LAW REVIEW
Law Journal Faculty of Law Bandar Lampung University Terbit pertama kali November 2019 Terbit dua kali setahun, setiap April dan November .
-ISSN) 2716-2141
Chair
Dean Faculty of Law
Bandar Lampung University Editor in Chief
Recca Ayu Hapsari Managing Editor
Indah Satria
Editor
Intan Nurina Seftiniara
Okta Ainita
Yulia Hesti
REVIEWER
Prof.
Dr.
Lintje Anna Marpaung,S.
,M.
Prof.
Dr.
I Gusti Ayu Ketut Rachmi Handayani.
,M.
Prof.
Dr.
Maroni,S.
,M.
Dr.
Erlina B,S.
,M.
Dr.
Bambang Hartono,S.
,M.
Dr.
Mukti Fajar,S.
,M.
Dr.
Isharyanto.
Hum.
Dr.
Nunung Rodlyah,S.
,M.
Office : Faculty of Law Bandar Lampung University Jl.
Zainal Abidin Pagar Alam No.
Labuhan Ratu.
Bandar Lampung Telp: 0721-701979/ 0721-701463.
Fax: 0721-701467 Website Online:
Progressive law review Vol.
2 No.
1 April 2020 Content Novyar Satriawan Fikri ACADEMIC STUDY OF DISTRICT FORMATION SOUTH INDRAGIRIa.
1 Ae 13 Febriansyah Ramadhan LOGIC POSITIVISM IN LAW CONSTITUTIONAL COURT OF DECISION 46/PUU-XIV/2016 a.
14 Ae 34 Muhammad Rizki Mauludin Sunia.
Okta Ainita
ANALYSIS OF THE IMPLEMENTATION OF CRIMINAL SANCTIONS ON ACTION OF
RUBBER CONTINUOUS CRIMINAL ACTION IN RUBBER PLANTATION PT.
PERKEBUNAN
NUSANTARA VII UNIT KEDATON DESA SABAH BALAU KECAMATAN TANJUNG
BINTANG REGENCY OF LAMPUNG SELATAN (STUDY OF DECISION NUMBER 313 /
PID.
B / 2018 / PN.
KLA)a.
a 35- 45
Arthur Tahta Berlian THE APPLICATION OF LAW ON THE DISTRIBUTION OF INFORMATION ACTIVITIES
THAT CONSTRAIN INDIVIDUAL HARDNESS OR DAMAGE TASTE BASED ON THE
TRIBES.
RELIGION.
RAS AND BETWEEN COLLARS THROUGH SOCIAL
MEDIa.
46 Ae 55
Oktasari Putri Pramisela
JUDGMENT CONSIDERATIONS IN FALLING CRIMINALS AGAINST CRIMINAL ACTION
EXAMINERS
WITH
VIOLENCE
AGAINST
MOTORCYCLE
OTHERSa.
56 Ae 65
Tria Dara Norma
COMPARATIVE JUDGMENT CONSIDERATION OF GRATIFICATION CRIMINAL CRIME
FACTORS IN THE PROCESS OF AUCTION OF GOODS / SERVICES IN THE GOVERNMENT
OF PESAWARAN DISTRICTa.
66 Ae 76
ENFORCEMENT OF THE LAW AGAINST THE PROPAGATION OF
INFORMATION THAT INCITES HATRED OR INDIVIDUAL HOSTILITY BASED
ON ETHNIC.
RELIGIOUS.
RACIAL.
AND INTER-GROUP THROUGH SOCIAL
MEDIA
Arthur Tahta Berlian tahta@gmail.
Faculty of Law.
Universitas Bandar Lampung.
Indonesia Jl.
ZA Pagar Alam No 26.
Kedaton.
Labuhan Ratu.
Bandar Lampung.
Indonesia Abstract In a community life it is undeniable that conflicts can happen anywhere, by anyone, and at any time.
The conflict occurs for any reason both least and the greatest and sometimes difficult to solve.
In conflict situations, there can be conflicts between individuals, conflicts between groups, and even more complex conflicts, such as conflicts between tribes, religion, race, and inter-group that are subsequently in brief (SARA).
The problem raised in this research is why perpetrators commit a criminal offence dissemination of electronic information containing the issue of SARA, how to apply criminal sanctions against perpetrators who spread the issue of SARA through social media based on prevailing laws and regulations, and how judgment of judges against perpetrators of dissemination of information containing the issue of SARA through electronic media.
The results of the study showed that the causes of criminal issues spread to the issue of the perpetrators is the hatred of the Lampung people, because the perpetrator has had a dispute understanding of someone who is in Lampung.
Differences of thought, disputes between individuals and groups is often the case, but do not necessarily blaspheme, overtake, and harasses with profanity phrases.
Social Media was created for the means of communication and not for the event of the Keywords: conflict, criminal offence.
SARA, information dissemination, social Media.
INTRODUCTION
The global development of information and communication technology has triggered the growth of cyber communication, both among the government, sociopolitical institutions, and among the public.
The development of communication was characterized by the utilization of new media as communication media.
The communication that was initially limited to the personal interaction process in Progressive Law Review | 46 person, is now growing online through the Internet.
One of the widely used Internet-based communications is social media.
Social media is an online media.
Its users can easily participate, share, and create content including blogs, social networks, wikis, forums, and virtual worlds.
A variety of social media is growing, and many people are interested in are Facebook.
Myspace, and Twitter.
Youtube, and so on.
If traditional media uses print media and broadcast media, social media uses the Internet.
Thus, social media as a means of communication has the role of bringing people .
to participate actively by contributing and feedback openly, both to share information and to respond online in a fast time.
Indonesia itself is the 6th largest country for Internet users, no denying the people of Indonesia every day always hold a phone at their grasp.
With the social media of the people of Indonesia can easily to communicate with each other, and in social media networks also the people of Indonesia can know each other between tribes, races, and groups.
Indonesia is the country with the most ethnic groups in the There are more than 740 ethnic groups, of which in Papua there are 270 It means that Indonesia is a nation known for its diversity of tribes and cultures as well as the inherent characteristic of Indonesian people in the world.
This diversity is coloring the social process that occurs in every area where the tribe is located, the tribes form patterns within the social structure so that there is a dynamic in its development.
From the dynamics that occur, in a community there is an interaction process.
This creates a dynamic community condition.
One of the logical consequences of social interaction in addition to the associative social process is the occurrence of dissociative social processes, which means the opposition of 2 cultural elements in a society, so that they tend to reorient each other and do not meet each other.
This social process is dissociative which leads to a negative thing because the process is directing in the direction of conflict in general in the community layer.
In a community life it is undeniable that conflicts can happen anywhere, by anyone, and at any time.
The conflict occurs for any reason both least and the greatest and sometimes difficult to solve.
In conflict situations, there can be conflicts among individuals, conflicts between groups, and even more complex conflicts such as conflict between tribes, religion, race, and the next group in the short (SARA) in a nation.
Factual, the conflict can occur in various regions in Indonesia, the pluralist society in its interaction does not always go well, in social interactions often occur, causing social conflict.
Tessalonicha Leuwol.
"Penerapan Sanksi Pidana Terhadap Pelaku Cyber Crime Yang Menyebarkan Isu Suku.
Ras.
Agama Dan Antar Golongan (SARA) Melalui Media Sosial Ditinjau Dari Undang-Undang ITE Nomor 19 Tahun 2016".
Jurnal Isu Sara.
Vol.
VII.
No.
2, p.
Zulyani Hidayah.
Ensiklopedi Suku Bangsa di Indonesia.
Pustaka Obor Indonesia.
Jakarta, p.
Ibid, p.
Progressive Law Review | 47 The potential of conflict is always in every society, especially the community that is heterogeneous, either in terms of ethnicity .
thnic grou.
, socio-economic, or However, in a heterogeneous country, the potential for opposition is greater and easily invites conflict.
Conflicts often occur due to differences in interests among community communities.
But as technology and time evolves, many individuals or even irresponsible groups are utilizing the Internet mass media that is supposed to be a positive information dissemination tool misused to be the dissemination of negative information moreover the information invites divisions between individuals one with another, even groups one with the other.
One of the most committed criminal acts of today is the abuse of computer technology, which has risen to become a crime in cyberspace or better known as Cyber Crime.
Cyber Crime is a term that refers to the activity of crimes with computer or computer networks into tools or targets, and where the crime.
Among other things is the dissemination of Sara's issues by the people who do not have a sense of responsibility to act arbitrarily by spreading hatred among those who like to use social media networks.
It is viewed more broadly that SARA's understanding is a variety of views and actions based on identity sentiments relating to heredity, religion, nationality or ethnicity and class.
Any act involving violence, discrimination and harassment that is based on self-identity and group can be said to be SARA's actions.
In Cyber Crime criminal acts that are targeted by the perpetrator is crimes committed against others, in order to ruin the good In this case there are three approaches to maintaining security on the Internet, first is the technological approach, both the social-culture-ethics approach, and the three legal approaches.
To overcome the security of interference technological approach is absolutely done, because without a network security will be very easily compromised or accessed illegally and without rights.
Seeing the legal facts as they exist at this time, the impact of the development of science and technology that has been abused as a means of this crime becomes extremely important to be anticipated how its legal policy, so that Cyber Crime can be done with criminal law, including in this case is the system of application of Pidananya sanctions.
The governing law of Cyber Crime is Law No.
11 of 2008 on information and electronic transactions which is currently changed into law No.
of 2016 on electronic information and Transactions .
ereinafter abbreviated a.
With this countermeasure as well as the adoption of Cyber Crime criminal sanctions is younger to overcome.
As for the governing law, it is governed in various rules of Perundang-invitation with the Act No.
19 of 2016 about Electronic Information and Transactions article 45 Letter .
The Code of Criminal law is contained in article 156 and article 156 letter .
Barda Nawawi Arief.
Tindak Pidana Mayantara dan Perkembangan Kajian Cyber Crime di Indonesia.
Rajawali Pers.
Jakarta, p.
Ibid, p.
Progressive Law Review | 48 One of the cases of criminal offence dissemination of information that incited hatred or hostility based on the issue of SARA was on verdict No.
900/Pid.
Sus/2018/PN.
Tjk.
Alleged that the defendant Suyanto Bin Ismangun proved legally and conclusive guilty of committing a criminal offence "deliberately and without the right to disseminate information intended to cause a sense of individual hatred or hostility To impose a criminal offence against the defendant therefore with imprisonment for 1 .
Year 8 .
months, establishing a period of arrest and detention has been undertaken by the defendant was deducted entirely from the criminal being dropped.
Based on the background of the research problem above, the issue of this research is why perpetrators commit the criminal offense of electronic information containing ethnic, religious, racial, and inter-group issues? How is the implementation of criminal sanctions on criminal acts spreading the issues of ethnic, religious, racial, and inter-group (SARA) through social Media based on prevailing laws and regulations? How does the judge's consideration of the criminal offense of information dissemination containing ethnic, religious, racial, and inter-group issues through electronic The research methodology used is a normative juridical approach and empirical A normative juridical approach is an approach by studying the rules, norms, rules, related to the problems that will be researched through the liberary research, the legal sciences, especially the problems of the parties in the proceedings, the opinion of the law scholars and the prevailing laws and This approach is intended to collect a wide range of rules, theories and literature that closely relate to the problems that will be researched.
The empirical approach is by researching and collecting primary data obtained directly through research into the objects of research by observation and interviewee interviews related to the issues discussed in the study.
II.
DISCUSSION