Tinjauan Yuridis Penegakan Hukum terhadap Penyebaran Berita Bohong di Media Sosial: Studi Kasus Akun Instagram @medaninfo88

Abstract

This study examines law enforcement against the spread of false news (hoaxes) on Instagram through a case study of the @medaninfo88 account, which spread a video of a mugging claiming to have occurred in Medan, but in fact, it occurred abroad. The purpose of this study is to analyze whether this act meets the elements of Article 28 of the Electronic Information and Transactions Law (UU ITE) and to assess the perpetrator’s criminal liability. The research method used is normative juridical method with a statutory approach and a case study. The results indicate that the act of spreading false news fulfills the elements of spreading false news that causes public unrest, and there is an element of disparity. In the discussion, law enforcement against the perpetrator is based on Article 28 in conjunction with Article 45A of the ITE Law, which carries the threat of imprisonment and/ or a fine. This indicates that spreading hoaxes via Instagram can be subject to criminal sanctions if proven to meet the elements of the crime, particularly the disparity and the resulting consequences.