Legal Review of Evidence in The Crime of Defamation on Social Media
Downloads
The development of social media has become part of everyday life, making it easier for individuals to express opinions, share information, and interact more widely and quickly. However, this convenience also creates legal challenges, one of which is the increase in defamation cases in the digital realm. Defamation on social media is a criminal offense that can harm individuals and institutions, but proving it is not easy. This research aims to analyze the legal aspects related to proof in the criminal act of defamation on social media. The research method used is normative research with data collection through literature study. The collected data is then analyzed with the stages of data filtering, data presentation, and conclusion drawing. The results show that evidence in the crime of defamation on social media refers to Article 27 paragraph (3) of the ITE Law as well as Articles 310 and 311 of the Criminal Code, with evidence regulated in Article 184 of the Criminal Procedure Code, including witness testimony, experts, letters, instructions, and testimony of the defendant. Digital forensics has an important role in ensuring the validity of electronic evidence, such as recorded conversations, screenshots, or metadata, to reveal the perpetrator's digital footprint and ensure data integrity. In addition, prosecutors must prove the element of intent (mens rea) to ensure that the posts were intended to defame and not merely criticize or a legitimate form of freedom of speech.
Copyright (c) 2025 Agus Sugiarto
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-ShareAlike 4.0 International (CC-BY-SA). that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
