Pemidanaan Terhadap Penganiayaan Wartawan (Studi Kasus Putusan No. 1917/Pid.Sus./2021/PN.Sby)

Abstract

The journalist profession often experiences unpleasant treatment by the government, apparatus, and the public, even though the journalist profession is protected by law in UU No.40 of 1999 concerning the Press, as experienced by Nurhadi, a journalist who received intimidation, persecution, and censorship by police while conducting interviews, this of course violates the provisions of press offenses in Pasal 18 of Law Number 40 of 1999 concerning the Press paragraph (1). The author is interested in examining how legal considerations by judges in Decision No. 1917/Pid.Sus/2021/PN.Sby who decided on the Nurhadi case. This study uses a normative juridical approach based on case studies on decisions. The findings of the authors in this decision are that the judge sentenced Defendant I and Defendant II to 10 months in prison and an additional sentence of granting restitution to the victim. Based on this, according to the author's analysis, the judge in deciding was in accordance with the rule of law but not in accordance with the objectives of criminal law

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