Destiyana, Aziza Nandya (2023) TINJAUAN YURIDIS TERHADAP PERBUATAN PENGHINAAN BODY SHAMING DI MEDIA SOSIAL MENURUT KETENTUAN HUKUM PIDANA. Skripsi (S1) thesis, Universitas Muhammadiyah Ponorogo.
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Abstract
There are many lawsuits in today's digital era, especially on social media and the internet. Misuse of technology for the purpose of body shaming (insulting someone's body image) is one of the crimes committed today. Body shaming is the act of insulting someone else's size, body shape, or appearance. These remarks can be made directly or indirectly and can have a negative impact on the victim. It is important to obtain legal protection or regulatory rules to help protect victims' rights. Recalling the laws governing body shaming is necessary to avoid differences in interpretation because there is a lack of clarity in the legal provisions regarding body shaming which are included in the Criminal Code and outside the Criminal Code. This research examines the Juridical Review of the Act of Body Shaming on Social Media According to Criminal Law Provisions. How does the body shaming phenomenon become a legal problem in society, and what are the criminal law provisions that regulate body shaming on social media. The research methodology used is normative juridical. The two approaches used are the conceptual approach and the statutory approach. This study utilizes both primary and secondary legal sources, including statutory regulations, legal publication journals, court decisions, legal theory, and possibly the opinions of legal experts. Regarding the conclusion, the Criminal Code and the ITE Law both regulate the criminal act of body shaming on social media. If the act of making fun of someone's body shape or even appearance or skin color on social media is included in Article 27 Paragraph (3) of the ITE Law in conjunction with Article 45 Paragraph (3) of Law 19/2016, the perpetrator can be punished with a maximum prison sentence of 4 years and a fine. 750 million rupiah. While currently insulting verbally can be referred to under Article 433 paragraph 1 of the Criminal Code with a sentence of 9 months, now if it is done in writing it can be threatened with Article 433 paragraph 2 with a prison sentence of 1 year and 6 months. Apart from that, the subjective and objective elements are clearly visible so that it can be classified as a minor crime against body image, such as insults, ridicule and inappropriate language, based on Article 436 of the Criminal Code rather than Article 27 paragraph (3). ITE Law. Keywords: Body Shaming, Criminal Code, ITE Law
| Item Type: | Thesis (Skripsi (S1)) |
|---|---|
| Uncontrolled Keywords: | Keywords: Body Shaming, Criminal Code, ITE Law |
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Laws |
| Depositing User: | fh . userfh |
| Date Deposited: | 14 Sep 2023 03:12 |
| Last Modified: | 14 Sep 2023 03:12 |
| URI: | http://eprints.umpo.ac.id/id/eprint/12729 |
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