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| Judul | : |
TINJAUAN YURIDIS TERHADAP PERBUATAN MELAWAN HUKUM ATAS DASAR PENCEMARAN NAMA BAIK (Studi Putusan Nomor 109/Pdt.G/2021/PN.Ckr)
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| Subjek | : |
Libel and slander
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| Pengarang | : |
AHMAD AZHAR HANAFI
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| Pembimbing | : |
Sulistyandari,
Nur Wakhid
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
345.025 6 HAN t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
This problem stems from the actions of Masnan (Defendant) who filed a lawsuit
against Raharjo (Plaintiff) twice in 2019 and 2020. These actions resulted in the honor
and good name of the Plaintiff being tarnished so that the Plaintiff filed a lawsuit for an
unlawful act on the basis of defamation. good name to the Defendant. This research aims
to analyze the legal considerations of judges in qualifying defamation as an unlawful act
and to analyze the legal considerations of judges in granting claims for compensation
resulting from unlawful acts based on defamation. This research uses normative juridical
methods, analytical descriptive research specifications, secondary data sources,
qualitative normative analysis methods.
The panel of judges in their legal considerations stated that the actions of the
Defendant, who had filed a lawsuit against the Plaintiff twice in 2019 and 2020,
constituted an unlawful act in the form of defamation. Based on the results of the analysis,
the Defendant's actions constitute an unlawful act against the Plaintiff, but do not
constitute defamation because they do not fulfill the elements of defamation in Article 310
Paragraph (2) of the Criminal Code. The panel of judges was incorrect in granting the
Plaintiff's lawsuit, because based on the results of the analysis the Defendant's actions
did not meet the requirements for claiming compensation based on Article 1372
Paragraph (1) of the Civil Code, namely an act of insult / defamation.
Keywords: Defamation, Unlawful Act, Compensation
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