TINJAUAN YURIDIS TINDAK PIDANA UJARAN KEBENCIAN MELALUI MEDIA SOSIAL: (Studi Kasus Putusan Nomor 115/Pid.Sus/2019/PN.Tim)

The purpose of this study is to examine the application of material criminal lawand judge's considerations in cases of hate speech crimes through social mediathat cause SARA in Decision Number 115/Pid.Sus/2019/PN.Tim. The type ofresearch used is normative juridical. The nature of the research is descriptive.The data source used is secondary data. The data collection technique usedliterature study. The data analysis technique used qualitative analysis. The resultsof the analysis show that the application of material criminal law that theDefendant is legally and convincingly proven guilty of committing a criminal act“Intentionally and Without Right to Disseminate Information Intended to InciteHatred or Individual Hostility. And/or Certain Community Groups Based onEthnicity, Religion, Race, and Intergroup with imprisonment for five months and afine of Rp. 200,000,000.00 on the condition that if not paid, it is replaced withimprisonment for one month. The judge's legal considerations in imposingcriminal acts of hate speech through social media that give rise to SARA arejuridical factors, namely witness statements, defendants' statements, instructions,legal considerations and considerations of mitigating and aggravating matters.Keywords: crime, hate speech, social media