Handling of Hoax News According to Law Number 1 of 1946

Abstract

This research is about the countermeasure of hoax news according to the Law Number 1 1946, it is done to find out: a) the application of Article XIV, XV of Law No. 1 of 1946 in relevance to the handling of hoax crime so far and b) what the criminal policy in the handling of hoax in Indonesia is. This study uses the normative legal research method of normwissenschaft referring to the ius constituendum with descriptive-analytical research specifications using the hermeneutic paradigm, with qualitative normative data analysis methods. The discussion revolves around the discourse on the existence and urgency of Article XIV, XV Law No. 1 of 1945 and its prospects in criminal policy in the future from legal system theory so that it appears the integration of legal substance, legal structure and legal culture in handling the hoax news. The recommendation proposed is that the application of the regulation on hoax is based on the renewal of criminal law so that law enforcement does not add to the problem in the future. For this reason, it is necessary to reformulate the substance of the hoax as an effort to restructure and reconstruct the criminal law policy based on Pancasila, the accuracy of law enforcement officers in overcoming the hoax crime to achieve the objectives of criminal punishment and increase public legal awareness.