About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

59 J.L. Pol'y & Globalization 68 (2017)
Defamation of Citizen Journalist Included in Private Law Area

handle is hein.journals/jawpglob59 and id is 69 raw text is: Journal of Law, Policy and Globalization wwwiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) I Vol.59, 2017 li5lE Defamation of Citizen Journalist Included in Private Law Area Emi Puasa Handayani1 I Nyoman Nurjaya2 Ismail Navianta3 Prija Djatmika3 I.Doctoral Candidat of Criminal Law, Law Faculty of Brawijaya University, Malang 2 Professor of Antropology of Law, Law Faculty of Brawijaya University, Malang 3. Associate Professor of Criminal Law, Law Faculty of Brawijaya University , Malang Abstract This study discusses on the defamation conducted by citizen journalist, focusing on the main problem or the problem formula: Why do defamation conducted by Citizen Journalist include in the private law. The method is normative legal research. The research purpose covers to analyze the reason of defamation conducted by Citizen Journalist include in the Private Law. The research showed four reasons that the country eliminated the regulation of criminal law in the case of defamation including: informational freedom become the fundamental of democracy, has role in play againts the corruption, promotes accountability and transparency and empowers the society in obtaining justice. Moreover, the case of defamation refers to problem among the individuals, the executor and the victim. There is no public interest being broken thus the country no needs to involve. The one who being defamed may apply claim for compansation to the one who results in the loss. Keywords: Defamation, Citizen Journalist, Private Law A. Introduction The reason or legislative rational of defamation by citizen journalist referring to private area would be because the citizan journalist in conducting his journalist duty is based on the Act 19 of the General Declaratiom of the Human Right (DUHAM), stating that to find, obtain, keep, manage and spread information are every citizen right. In the Act 28 F of the Indonesian Constitution of 1945 becoming the constitutional guarantee has guarantee the freedom of every citizen to obtain and spread the information. Other reason refers to that citizen journalist in Democatic country such as Indonesia, belongs to four pillars after Legislative, Judicial, and Executive. The reason would be because recently in Indonesian Republic, mainstream media, or tradional media has shift its role. In the prior, it became the bridge of people aspiration, however today it becomes socialization tools or massanger from the government to the people or public. Based on the above reasons, the appearance of citizen journalist becomes balancing power, evemnore today it becomes necessary in the time controvertial media becomes the tools of authority and politic as well as the investor interest. In the future, if the citizen journalist has not obtained legal protection side with the right of giving information, it doubtly will threat the democracy and result in authoriter government without any control from the society. If there is no legal certainty arranging and protecting the citizen who gives criticism, opinion, and information, the legal apparatus does not have certainty to do an action. Such as the case of two Judicial Commission Commissioners, Suparman Marzuki and Taufiqurrahman Syahuri, they have been decided as the suspect of defamation againts the judge Sarpin Rizaldi because they gave comment on the decision of pre court on Budi Gunawan. Other case of defamation was applied by the administrative legal expert, Romly Atmasasmita, who reported the Vice Coordinator of the Indonesia Corruption Watch (ICW) Emerson Yuntho, Coordinator ICW Adnan Topan Husodo, and prior advisor of KPK, Said Zainal Abidin. B. Problem Statement The problem statement of the study covers: Why defamation conducted by citizen journalist included in private legal. C. Discussion The informational transparancy becomes one of society claims in the country following the democracy fundamental, especially when it faces the high development of informational and communicational technologies through internet. The technology advances marked by internet appearance that can be operated using electronic media such as computer, considers as one of the reasons of social changing in the society, that change their behavior in having interaction with othet people, and keep spreading to other sides of human life, thus it appears new norms, values and other things.1 Via internet, the informational rechange may happen fast, precise and cheap. Internet then becomes one of media that makes people easy to do any kinds of criminal deeds based on informational technology (cybercrime) such as, the criminal deed of defamation, pornography, gambling, 1Dikdik M. Arif Mansyur, dan Elisatris Gultom, CYBER L4W Aspek Hukum Teknologi Informasi, PT. Refika Aditama, Bandung, 2005, hm 3.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most