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: 10.5220/0010306001930199
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
Copyright
c
2021 by SCITEPRESS Science and Technology Publications, Lda. All rights reserved
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
CESIT 2020 - International Conference on Culture Heritage, Education, Sustainable Tourism, and Innovation Technologies
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
CESIT 2020 - International Conference on Culture Heritage, Education, Sustainable Tourism, and Innovation Technologies
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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