PERTANGGUNGJAWABAN PIDANA TERHADAP TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI MEDIA ELEKTRONIK BERDASARKAN PASAL 27 AYAT (3) UU ITE (STUDI DI WAISAI, KABUPATEN RAJA AMPAT)

Sari

This research is motivated by the norm ambiguity of defamation in Article 27 paragraph (3) of the ITE Law and its gap with law enforcement realities in Waisai, Raja Ampat. The dominance of customary mediation and the stalling of anonymous cybercrime cases trigger the loss of deterrent effects and legal certainty. Therefore, this study aims to examine the conformity of criminal elements and the application of criminal liability to electronic defamation perpetrators in the region.  This study uses a normative-empirical legal method located in Waisai. Primary and secondary data collection was conducted through interviews with the Raja Ampat Police and the community, alongside literature studies. The data were analyzed qualitatively and descriptively using the Legal System Theory (Friedman), Law Enforcement Theory (Soekanto), and Legal Certainty Theory (Mertokusumo).  The results show that anonymous cybercrimes normatively fulfill the objective and subjective elements of Article 27 paragraph (3) of the ITE Law. However, empirical enforcement is hampered by structural weaknesses, specifically the absence of cybercrime forensic facilities at the resort police level, which halts investigations. Sociologically, the dominance of customary mediation creates legal uncertainty and eliminates the deterrent effect if not aligned with formal law. Case termination should be integrated through Perpol No. 8 of 2021 on Restorative Justice as a harmonization instrument between positive and customary law, restoring victims rights while preventing cybercrime impunity.

Keywords: Defamation, Cybercrime, Liability, ITE