Pelindungan Hukum Perdata Terhadap Pencemaran Nama Berdasarkan Undang-Undang Tentang Informasi Dan Transaksi Elektronik (Uu Ite) Dan Burgerlijk Wetboek (Putusan Nomor: 109/Pdt.G/2021/Pn.Ckr)

Abstract

The development of the era has resulted in freedom of expression both in speech and freedom in using social media. Freedom of expression and the development of the era have resulted in the emergence of problems in the form of defamation. Based on this, the formulation of the problem is prepared, namely, first, What is the Form of Settlement of Compensation for Defamation, second What are the Forms of Losses and Compensation Obtained from Defamation Acts Based on the ITE Law and Burgerlijk Wetboek (BW), third How is the Analysis of Considerations and Decisions of Judges Regarding Civil Legal Protection Against Defamation Based on Decision Number: 109/Pdt.G/2021/PN Ckr.The method in writing this thesis is a normative legal research method with a descriptive research nature with a legislative approach method. The data used uses secondary data as the main data with data collection techniques through literature studies and using qualitative data analysis and using a case approach contained in the related decision. The method in writing this thesis is a normative legal research method with a descriptive research nature with a legislative approach method. The data used uses secondary data as the main data with data collection techniques through literature studies and using qualitative data analysis and using a case approach contained in the related decision. The research results found that in filing a lawsuit for compensation for defamation, it is a category of unlawful act that can claim compensation based on articles 1365 and 1372 of the Civil Code. The compensation that can be claimed is in the form of material and immaterial compensation, while still considering the defendant's abilities and condition. This is in line with decision Number: 109/Pdt.G/2021/PN Ckr. The Panel of Judges granted the plaintiff's lawsuit demanding material and immaterial compensation, in this case the Judge granted the plaintiff's lawsuit regarding making an apology announcement via electronic media and newspapers for 3 consecutive days with the aim of restoring the plaintiff's good name, because the existence of this problem resulted in the name of the plaintiff is tainted. The judge's decision was in accordance with applicable legal rules and took into account the defendant's abilities.