Criminal Laws for Press Companies That Distribution

of Hoaks News to the Public

Steven, Yusriando, and Anton Diary Steward Surbakti

Universitas Prima Indonesia, Medan, North Sumatera, Indonesia

Keywords: Criminal penalties, pers companies, hoax.

Abstract: Press companies in reporting must respect the sense of decency while respecting religious norms and the

presumption of innocence. The problem is how the criminal acts of the press company responsibility in hoax

news disseminate false information to the public, penalties given to criminals who broadcast false information

to the public and efforts to overcome criminal acts of responsibility for press companies in hoax news

disseminating false information to the public. The research method used is normative and descriptive research.

Source of primary, secondary and tertiary legal materials. The collection technique is in the form of a library

(library research). The data analysis used a qualitative approach. Penalties are given to perpetrators of criminal

acts who disseminate hoax news to the public in the form of Article 18 paragraph (3) of the Press Law and

Article 28 paragraph 1 of the UUITE.

1 INTRODUCTION

Press coverage is used as a tool to slander or insult a

person or institution and does not have news value

(news), and in the news there is an element of intent

as an element of error that fulfills the elements of a

criminal act.

According to Assegaf (2004), it is the editorial

team who is responsible for the content of news

published in the media that violates the law, because

it is the editor who according to the press organization

is the party responsible for the content of the news

published in the media they lead. This can be seen in

Article 2 of Law Number 40 Year 1999: "Press

companies are required to publicly announce the

name, address and person in charge through the media

concerned, especially for press publishing plus the

name and address of the printing company."

Press companies are required to facilitate press

freedom, which is very vulnerable to press criminal

offenses, on the other hand, press companies must

continue to carry out their function as legal entities

with commercial interests. And as a press company,

it continues to compete with other companies

regarding how the existence of press companies

continues to compete by paying attention to

journalistic principles and press offenses in business

competition between press companies.

Rahmawati and Gani (2011) explain that who

should be responsible from the press, the Press Law

does not explicitly regulate this matter, in article 12

press companies are only required to publicly

announce the name, address and person in charge, but

in practice if the case ends in court, usually the chief

editor who is in charge. Given the large number of

cases related to the news that is presented, as the most

powerful information media in existence, the press,

which is the fourth pillar of democracy, is expected to

work professionally and responsibly so that the

relationship between the press and the public is well-

maintained in order to create a balance within a

country. Indeed, the Press Law does not prohibit

settlement through legal channels by suing in court,

but all problems arising from press coverage are

expected to be resolved by using this Law, namely by

means of the Right of Reply and Right of Correction

mechanism, so there is no need for settlement by

threatening articles. -Articles contained in the

Criminal Code.

Arman, Akub and Heryani (2018), Criminal

responsibility disseminating information to the public

as regulated in the Press Law must go through the

Press Council mechanism. If it becomes a press

offense or general offense, the investigator will ask

the Press Council experts to process the crime. This

mechanism applies to press companies that are legal

entities, but there are indications of disseminating

Steven, ., Yusriando, . and Steward Surbakti, A.

Criminal Laws for Press Companies That Distribution of Hoaks News to the Public.

DOI: 10.5220/0010306000003051

In Proceedings of the International Conference on Culture Heritage, Education, Sustainable Tourism, and Innovation Technologies (CESIT 2020), pages 193-199

ISBN: 978-989-758-501-2

193

information to the public. Meanwhile, media that are

not legally incorporated and managed

unprofessionally are not within the framework of

protecting the Press Law. Thus, law enforcement, can

be done by using Law Number 19 of 2016 concerning

Amendments to Law Number 11 of 2008 concerning

Electronic Information and Transactions.

One important aspect of accountability that must

be borne by the press when performing is criminal

responsibility. This criminal forwarding does not

intend to promote crime as a basic aspect. The pulse

that can be caught is when there is a dish that is

considered problematic, the public usually then thinks

criminally, in terms of the sanctions that can be

imposed and must be carried out by the press when

the presentation is problematic.

The Secretariat of the Press Council (2013)

explains that guaranteeing freedom of the press, the

national press has things to seek, obtain, and

disseminate ideas and information (Article 4

paragraph (3) of the Press Law). This means that the

press cannot be prohibited from spreading news or

information if it is indeed useful for the public

interest. If press freedom is seen as a need. Press

freedom is a necessity to simultaneously realize the

interests of the press and the interests of the public.

As a necessity, press freedom is not just for the sake

of freedom of the press. As a necessity, press freedom

has a functional relationship with the function of the

press.

According to Sudiboyo (2013), the Press Law

No.32 of 1999 emphasizes that press companies must

be incorporated in Indonesia. The legal entities in

question are Limited Liability Companies,

Cooperatives, Foundations and Associations. For

commercial media, the only possible legal entity is a

limited liability company, only press companies have

legal entities.

Of the many articles above, Articles 310 and 311

of the Criminal Code are the ones that are most often

used to sue press companies regarding reports that

harm someone's good name. The reason the writer

chose this title was knowing who should be

responsible from the press.

2 RESEARCH METHOD

This type of research is normative. According to

Marzuki (2013), normative legal research is a process

of finding a rule of law, legal principles, and legal

doctrines to answer legal problems faced.

This research is descriptive. According to Ali

(2010), descriptive research is describing accurately,

individual traits, a symptom, certain circumstances or

groups, principles or legal regulations in the context

of legal theories and their implementation, and

analyzes carefully the use of statutory regulations. .

The source of this research material consists of

primary, secondary and tertiary legal materials.

According to Noor (2013), it is explained that in

conducting research that is carried out is library

research (library research). Data analysis will be

carried out using a qualitative approach, qualitative

research will be carried out in natural and discovery

conditions.

3 RESEARCH RESULT

Press companies are Indonesian legal entities that

carry out press businesses including print media

companies, electronic media and news agencies, as

well as other media companies that specifically

organize, broadcast, or distribute information (Article

1 paragraph 2 of Law Number 40 of 1999 concerning

the Press). In Article 13 of the Press Law number 40

of 1999, it regulates the prohibition of press

companies from publishing advertisements that could

lead to public harm.

According to Sadono (2013) states that the main

problem in press reporting is if press coverage is used

as a tool to slander or insult someone or an institution

and does not have news value (news) and in the news

there is an element of deliberation and an element of

error that fulfills the elements. Criminal act. So what

needs to be emphasized here is that the crime must

still be applied to the perpetrator who deliberately

commits the crime of the press by using press

coverage as a medium in carrying out these acts.

Meanwhile, freedom of the press to report if it is done

in a responsible and professional manner, even if

there are mistakes in the facts of the news, it should

not be penalized.

David O. Klein and Joshua R. Wueller (2017)

While fake news publishers are regularly taken to task

in the court of public opinion, we are unaware of any

prior structured discussion of the unique legal

issues surrounding the publication of fake news.

This article evaluates examples of fake news

publications to present a workable definition of “fake

news” for purposes of our legal analysis. We then

explore many of the legal and regulatory hurdles

facing online fake news publishers. This article

concludes by discussing some of the legal protections

available to fake news publications and publishers of

other online content.

CESIT 2020 - International Conference on Culture Heritage, Education, Sustainable Tourism, and Innovation Technologies

194

Susanto (2010) explains that actions taken by

individuals in a press company are basically

considered as corporate actions themselves. When an

individual, say an editor makes a mistake, then that

mistake is basically the fault of the corporation, as

long as the action is still within the scope of his work

and for the benefit of the corporation. pers.

Criminal punishment, for press companies that

disseminate hoax news in the Press Law number 40

of 1999 is contained in article 18 paragraph 2 which

states "press companies that violate the provisions of

article 5 paragraph 1 and paragraph 2, as well as

article 13 paragraph a shall be punished with a fine.

A maximum of Rp. 500,000,000, - (five hundred

million rupiah). In other words, these articles are not

addressed directly to the author / actor concerned.

The spread of fake news (hoax) can be regulated

in Law Number 19 of 2016 concerning amendments

to Law Number 11 of 2008 concerning Electronic

Information and Transactions in Article 45A states

that: "Everyone who deliberately and without rights

spreads fake news and misleading which results in

consumer losses in Electronic Transactions as

referred to in Article 28 paragraph (1) shall be

punished with imprisonment of a maximum of 6 (six)

years and / or a maximum fine of Rp.

1,000,000,000.00 (one billion rupiah) ”. Meanwhile,

as for what is stated in Article 28 paragraph (1) that:

"Every person knowingly and without right spreads

fake news (hoax) and misleading which results in

consumer losses in Electronic Transactions".

Electronic Transactions are legal acts carried out

using computers, computer networks, and/or other

electronic media (Article 1 paragraph 2 of Law

Number 19 Year 2016).

Xinyi Zhou And Reza Zafarani (2018), The

explosive growth in fake news and its erosion to

democracy, justice, and public trust has increased the

demand for fake news analysis, detection and

intervention. have emphasized the importance of

business models adopted by social media sites to

address fake news intervention, which suggests

shifting the emphasis from maximizing user

engagement to that on increasing information quality,

e.g., using self- or government regulations. In

addition to formulating policies and regulations,

efficiently blocking and mitigating the spread of fake

news also requires technical innovations and

developments.

According to Rehulina (2018), explaining that the

spread of hoax news or fake news violates Article 28

paragraph 1 of Law Number 11 Year 2008

concerning ITE which reads: “Everyone deliberately

and without rights spreads false and misleading news

that results in consumer losses in electronic

transactions." The criminal sanction in Article 28

paragraph (1) is contained in Article 45 paragraph (1),

namely a maximum imprisonment sentence of 6 (six)

years and / or a maximum fine of Rp.

1,000,000,000.00 (one billion rupiah). Law Number

19 of 2016 concerning Electronic Information and

Transactions has been regulated regarding criminal

acts that deliberately and without the right to spread

fake news or hoaxes that cause losses to consumers of

electronic transactions and spread information to

cause hatred or hostility.

In the article and the two verses, there is a

prohibition against spreading hoax and misleading

news. As for the rules for spreading hoaxes or fake

news are regulated in Law Number 1 of 1946

concerning Article 14 and Article 15 of the Criminal

Law Regulations.

Tarlach McGonagle (2017), Given all this bad

press, it is perhaps little wonder that ‘‘fake news’’ has

become a major preoccupation for international

organisations, national law- and policy-makers, the

media and media actors, civil society and academia.

But what exactly is ‘‘fake news’’ and what is all the

fuss about? In addressing these questions, this column

will also consider historical and contemporary

perspectives on the term and its relationship with

human rights.

Meanwhile, Article 15 states that: "Whoever

broadcasts news that is uncertain or news that is

excessive or incomplete, while he understands at least

it should be able to suspect that such news will or

easily can cause disturbance among the people, is

punished with imprisonment as high as possible. Two

years high. "

Based on these two articles, hoax spreaders can be

punished with a maximum sentence of two to three

years. Therefore, people must be careful in spreading

the message they get. Having the awareness that the

act of spreading hoaxes is against the law can reduce

the spread of hoaxes in the wider community.

Srijan Kumar And Neil Shah (2018) False

information can be created and spread easily through

the web and social media platforms, resulting in

widespread real-world impact. Characterizing how

false information proliferates on social platforms and

why it succeeds in deceiving readers are critical to

develop efficient detection algorithms and tools for

early detection. A recent surge of research in this area

has aimed to address the key issues using methods

based on feature engineering, graph mining, and

information modeling. Majority of the research has

primarily focused on two broad categories of false

information: opinion-based (e.g., fake reviews), and

Criminal Laws for Press Companies That Distribution of Hoaks News to the Public

195

fact-based (e.g., false news and hoaxes). Therefore, in

this work, we present a comprehensive survey

spanning diverse aspects of false information, namely

(i) the actors involved in spreading false information,

(ii) rationale behind successfully deceiving readers,

(iii) quantifying the impact of false information, (iv)

measuring its characteristics across different

dimensions, and finally, (iv) algorithms developed to

detect false information. In doing so, we create a

unified framework to describe these recent methods

and highlight a number of important directions for

future research.

The spread of hoaxes or fake news violates Article

28 paragraph 1 of Law Number 11 Year 2008

concerning ITE which reads: "Everyone deliberately

and without rights spreads false and misleading news

that results in consumer losses in electronic

transactions."

Rehulina (2018) said that the criminal sanction of

Article 28 paragraph (1) is contained in Article 45

paragraph (1), namely a maximum imprisonment of 6

(six) years and / or a maximum fine of Rp.

1,000,000,000.00 (one billion rupiah). Law Number

19 of 2016 concerning Electronic Information and

Transactions has been regulated regarding criminal

acts that deliberately and without rights spread fake

news or hoaxes that cause consumer losses in

electronic transactions and spread information to

cause hatred or enmity.

In the article and the two verses, there is a

prohibition against spreading hoax and misleading

news. As for the rules for spreading hoaxes or fake

news are regulated in Law Number 1 of 1946

concerning Criminal Law Regulations Article 14 and

Article 15. The following is an excerpt from Article

14 that:

1. “Anyone, by broadcasting false news or

announcements, deliberately publishing

disturbances among the people, is punished

with a maximum imprisonment of ten years.

2. Anyone who broadcasts a message or issues a

notification, which can publish disturbance

among the people, while he can reasonably

think that the news or notification is a lie, shall

be punished by a maximum imprisonment of

three years. "

Meanwhile, Article 15 states that: "Whoever

broadcasts news that is uncertain or news that is

excessive or incomplete, while he understands at least

it should be able to suspect that such news will or

easily can cause disturbance among the people, is

punished with imprisonment as high as possible. two

years high. "

Based on these two articles, hoax spreaders can be

punished with a maximum sentence of two to three

years. Therefore, people must be careful in spreading

the message they get. Having the awareness that the

act of spreading hoaxes is against the law can reduce

the spread of hoaxes in the wider community.

Meanwhile, it is necessary for the public to instill

awareness to be critical of the news or chain messages

they receive so they are not trapped in the cycle of

hoax spreading. For that, people need to filter before

sharing (sharing) the news or messages they get. In

addition, by knowing the legal basis for the spread of

hoaxes, the public can play an active role in spreading

positive messages and reporting if hoaxes are spread

in the community to related parties. That way, the

production and spread of hoaxes can be reduced.

In recent years, the dissemination of

disinformation with an intent to deceive or mislead

(i.e., fake news) has become more prevalent. Fake

news is usually associated with fabrications

surrounding factual or relevant information trying to

be framed as either much more positive or much more

negative than the reality of the truth would present.

People often have ill intent and are looking for

personal gain in some way, as their purpose for

writing the misleading or false information and

releasing it into the public. Over the last few years,

the world has seen what feels like an explosion of fake

news due to social media and technological

advancements enabling news to be spread and

accessed in a whole new way with no limits as to the

different areas fake news is attempting to invade and

affect. Fake news can potentially impact the social,

political, and economic aspects of our world, and as

the frequency of fake news continues to increase, it

propels fake news more into the spotlight of public

relevancy. The issue of fake or intentionally

inaccurate news existing in the world has been around

for ages, as many groups of people have tried to

mislead or deceive others using misinformation.

However, as the world becomes more and more

interconnected and the accessibility to news becomes

easier, it increases the potential effects and risks

associated with fake news being spread. This paper is

designed to analyze the risks and effects that can

come from fake news in the business world and assess

how big an impact or significance it can play in the

performance of the financial markets.

According to Chazawi, Djatmika, and Ferdian

(2015), it is clear that the spread of fake news (hoax),

there are several elements that must be fulfilled.

Before a person can be said to have committed a

criminal act, hoax spreads. First, broadcasting the

news or fake notification (hoax) must be deliberately

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196

or have the intention of causing confusion among the

public. Second, the person must know, the news is

fake news. Or, the person must at least have an

assumption, that the news is fake news (hoax). The

first element is the element which is the most serious

thing to prove in this action is disorder. The chaos

referred to in this article has a measure that in society

there is violence and panic. The size of the disorder

stipulated in this article is very high. So that law

enforcers cannot arbitrarily determine someone as a

suspect. If these elements are not fulfilled. Another

element that must be considered in this news is, the

element that mentions, people who spread fake news

(hoaxes) and exaggerated must know that the news is

really fake news (hoax). Or you should suspect that

the news is fake news (hoax).

Paul Machete and Marita Turpin (2020), With the

large amount of news currently being published

online, the ability to evaluate the credibility of online

news has become essential. While there are many

studies involving fake news and tools on how to

detect it, there is a limited amount of work that

focuses on the use of information literacy to assist

people to critically access online information and

news. Critical thinking, as a form of information

literacy, provides a means to critically engage with

online content, for example by looking for evidence

to support claims and by evaluating the plausibility of

arguments. The purpose of this study is to investigate

the current state of knowledge on the use of critical

thinking to identify fake news.

Fatemeh Torabi Asr and Maite Taboada (2019),

we first define and delimit the problem and its

historical roots. Then in the section on Approaches to

the fake news problem, we discuss general

approaches, from multiple points of view (educating

the public, stopping the spread, human and automatic

identification). The approach we take concentrates on

automatic identification by using the text of the fake

news article (rather than metadata of information

about spread). This is why, in text classification for

fake news, we introduce text classification methods,

including both classic and more recent algorithms

used in research on fake news. The following section

discusses the problem of lack of quality data in this

case. Although media would have us believe that

instances of fake news are everywhere, we have

found it challenging to compile a large enough dataset

of reliably labelled fake news articles. We discuss

how we have compiled MisInfoText, our relatively

large, but still insufficient dataset, and what steps can

be taken to add to this data. This repository is built

with a focus on quality data collection and based on

the continuous effort of fact-checking websites in

finding and labelling instances of fake news. We

make available the full text of the news articles,

together with veracity labels previously assigned

based on manual assessment of the articles’ truth

content. We have conducted experiments on the data

that we have so far collected to show the gaps and

sources of data imbalance in the topics covered by

fact-checkers section.

The spread of fake news (hoax) can be regulated

in Law Number 19 of 2016 concerning amendments

to Law Number 11 of 2008 concerning Electronic

Information and Transactions in Article 45A states

that: "Everyone who deliberately and without rights

spreads fake news and misleading which results in

consumer losses in Electronic Transactions as

referred to in Article 28 paragraph (1) shall be

punished with imprisonment of a maximum of 6 (six)

years and / or a maximum fine of Rp.

1,000,000,000.00 (one billion rupiah) ”. Meanwhile,

as for what is stated in Article 28 paragraph (1) that:

"Every person knowingly and without right spreads

fake news (hoax) and misleading which results in

consumer losses in Electronic Transactions".

Electronic Transactions are legal acts carried out

using computers, computer networks, and / or other

electronic media (Article 1 paragraph 2 of Law

Number 19 Year 2016).

Suhariyanto (2013) explains that the

Implementation of Electronic Transactions can be

carried out in the public and private sphere.

Operations in the public sphere include the

implementation of Electronic Transactions by

agencies or parties by other parties that provide public

services as long as they are not exempted by the Law

on Electronic Information and Transactions. Whereas

the implementation of Electronic Transactions in the

private sphere includes Electronic Transactions

between business actors, between business actors and

consumers, between individuals, between agencies,

and between agencies and business actors in

accordance with the provisions of laws and

regulations (Article 40 of Government Regulation

Number 82 of 2012 concerning System Operation and

Electronic Transactions).

Yariv Tsfati, H. G. Boomgaarden, J. Strömbäck,

R. Vliegenthart, A. Damstra & E. Lindgren (2020), A

third key reason why fake news is reported by

mainstream news media has to do with the

psychology of news decisions. When examining the

psychological factors that shape news decisions,

Donsbach, beyond seeking the truth, a major factor

that shapes journalists’ decision is social validation,

that is, that journalists are extremely attentive to what

other journalists are saying and doing when making

Criminal Laws for Press Companies That Distribution of Hoaks News to the Public

197

their own news decisions. This process takes place in

part through interaction with peers and colleagues and

in part by observing colleagues’ journalistic outputs

and internalizing common assumptions, norms,

practices and ‘news ideologies. In that context, it is

important to note that the topic of ‘fake news’ has

received ample attention in mainstream media news

items referencing the term in 23 U.S. The ample

attention dedicated by mainstream news outlets to

fake news and the salience of the fact-checking

concept in the coverage of fake news by these news

outlets (p. 6) signal to journalists that fake news is

perceived by the journalistic community as an

important social problem, one that should be

addressed by correction.

According to Mauludi (2018), the spread of hoax

news is currently spreading in various media.

Whether it's print media or online media, starting

from spreading someone through broadcast

messages, print media, online media, and other mass

media. Sadly, most of the people easily believe in the

hoax news without finding out the real truth. Hoax

news is fake news fabricated or distorted from its true

reality.

Arliman (2015) states that law enforcement is a

process to make the objectives of law become reality,

so the process must involve law makers and

implementers, as well as the community. The law not

only reinforces existing behavior patterns, but is

oriented towards creating new patterns of behavior.

Law enforcement is not a mere logical process, but a

condition with human involvement in it.

In Law Number 19 of 2016 concerning

amendments to Law Number 11 of 2008 concerning

Electronic Information and Transactions, criminal

acts that deliberately and without rights spread fake

news (hoaxes) that cause losses to consumers of

electronic transactions and disseminate information

for create a sense of hatred or hostility.

Muhammad Khalil Gunawan, Adi Wijaya, Salma,

and Abd. Hadid Idrus (2018), Hoax messages or fake

news have become a global problem that unsettles

and threatens the unity of nations, including

Southeast Asian countries incorporated in ASEAN,

such as Indonesia and Singapore. Hence each country

designs and issues regulations in order to penalize

those who fabricate or spread fake news. The

sanctions given vary from one country and another.

The fake news landscape in Indonesia is complex,

however. In fact, the Indonesian Ministry of

Communication and Information reported as many as

800 thousand websites have been found to have

disseminated fake news. Media literacy is a

perspective that can be used when dealing with the

media in order to interpret a message delivered by the

newsmaker. People tend to build a perspective

through a structured knowledge that is constructed in

the ability to use information. Also, in another sense,

media literacy is the ability to evaluate and

communicate information in various formats,

whether written or spoken. Media literacy is a useful

set of skills in the process of accessing, analyzing,

evaluating, and creating messages in various forms.

Media literacy is used as an exploratory instructional

model, so that individuals can more critically respond

to what they see, hear, and read.

David D. Parsons (2020), to better understand the

impact of fake news on company value, it is essential

to understand the motives behind it while also

considering the importance of fighting back against

fake news and refuting misinformation. With the vast

increase in the amount of news available, the relaxing

of journalistic standards on what should be published,

the shortening of the news cycle, and the development

of new platforms for spreading news, fake news is

now more prominent. In addition, these factors also

raise the possibility that fake news can have a

substantial impact on company value. Investors

throughout the world now have to properly manage

the threat of fake news and be constantly on guard

against whether false or misleading information will

alter or affect their everyday decisions in their work

Provisions regarding the spread of fake news

(hoax) are regulated in Law Number 19 of 2016

concerning Electronic Information and Transactions,

namely "Everyone deliberately and without rights

distributes and / or transmits and / or makes electronic

information and / or electronic documents accessible.

Which has a content of insulting and / or defamation

(Article 27 paragraph (3) of Law Number 19 Year

2016 concerning Electronic Information and

Transactions).

4 CONCLUSION AND

SUGGESTIONS

4.1 Conclusion

Press companies that are legal entities have found

indications of spreading hoaxes or fake news, the

penalties given are in the form of Criminal Provisions

in Article 18 paragraph (3) of Law Number 40 of

1999 concerning the Press and Article 28 paragraphs

1 and 2 of Law Number 19 of 2016 concerning

Electronic Information and Transactions. The

criminal threat of spreading hoax news does not only

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198

refer to the news creators, but also to those who

spread it. Therefore, the public must be careful in

publishing any information they receive.

4.2 Suggestions

As a research recommendation, an affirmation is

needed in the form of a strict Press Law on press

companies disseminating hoax news to the public.

This is needed so that the media can directly deal with

hoax news that is born and continues to emerge even

though it is managed unprofessionally. In addition,

the criminal act of spreading hoax news must be

categorized as an extraordinary crime because the

impact extends to the public and has the potential to

cause other criminal acts. This happens if the

recipient of fake news acts by committing a new

criminal act in response to the hoax he has consumed.

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