Provide Like on Facebook , Can Sentenced ? 1 . Someone in a facebook account which gives a sign on a status LIKE insult another persons account can be done subject to a penalty ? 2 . How do I report someone who did insult facebook account on the wall of my own ? We thank you for your question . Before answering this question , we will first explain what the meaning of Like the facebook page . We extracted from various sources , the Like introduced by Facebook since February 2009 . This feature allows Facebook users to show support (supporting ) or similarity of thought / idea they were on a comment , pictures / photos , wall posts , status , or a certain fan page . The feature lets Facebook users expressed appreciation without having to write a comment . Once the user gives Like , news feed users will automatically pitch - up date every comment or Like from other users . Facebook also allows websites to add feature / the Like directly to their site . If the user clicked on feature / Like button on a web page , they will be updated news feed with a link to a web page . Related to your question , the status of content containing insults certainly violated Law No. . 11 of 2008 on Information and Electronic Transactions ( EIT Law ) in particular Article 27 (3 ) which reads : Any person intentionally and without right to distribute and / or transmit and / or make accessible electronic information and / or electronic documents that have a charge of insult and / or libel . Threat of punishment from the article is imprisonment of six (6 ) years and / or a maximum fine of Rp 1 billion ( Article 45, paragraph [ 1 ] UU ITE ) . To answer your questions related to granting Like the facebook status , we will use the approach to classification of criminal theory in the book of the Criminal Justice Act ( Criminal Code ) . According to Article 55 of the Criminal Code , there are four categories that can be criminalized , namely : 1 . Actors ( pleger ) 2 . Told to do ( doenpleger ) 3 . Participate ( medepleger ) 4 . Advocate ( uitlokker ) With the construction of the criminal offender classification above , which gives the user facebook like on a status certainly can not be termed as actors ( pleger ) because the real culprit is the facebook users write status -laden insults . Giver Like is also not among those who have done ( doenpleger ) , because the Like given after the criminal act ( the spread of humiliation content ) occurs ( in the post by the perpetrator ) , meaning that there is or is not a Like , the offense still occur . Giver Like also can not be considered participating ( medepleger ) , for posting content humiliation done personally by the owner of facebook account ( not together giver Like ) . And lastly , giver Like also does not meet the elements as advocates ( uitlokker ) , because the Like is not a recommendation / suggestion to commit a criminal act , Like merely appreciation / support after the deed ( content deployment insult ) occurs . With this analysis , in our opinion , giver Like on a piece of content can not be convicted of contempt actions provide support / appreciation . The simple analogy is suppose ; contained the murder of a criminal who was later arrested at his home , and at the time of arrest , the perpetrator neighbor yelled across the house to support what actors do . Then the neighbor can not be convicted on charges of taking part , told to do , especially as an advocate of the murder. Related to the second question , if the insult made directly to you , you personally can report it to the police investigator or investigators UU ITE Ministry of Communications and Information Technology (Communications ) . However , if the wall insult directed towards someone elses private , then you can pass it on to someone who insulted . If the person who insulted objected to the content , then the person who feels contempt dihinalah can report it to the Police and Investigators Investigator UU ITE Ministry of Communications . This is because according to the Constitutional Court Decision No. 50/PUU-VI/2008 , crime Article 27 paragraph ( 3 ) of the Act ITE is a complaint offense or offenses that can be prosecuted only if the complaint of the person aggrieved . Thus our answer , may be useful . Legal basis : 1 . Book of the Criminal Justice Act 2 . Law No. . 11 of 2008 on Information and Electronic Transactions verdict : Constitutional Court Decision No. 50/PUU-VI/2008
Posted on: Wed, 06 Nov 2013 15:59:27 +0000
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