ANALISIS YURIDIS TINDAK PIDANA UJARAN KEBENCIAN MELALUI MEDIA SOSIAL DI WILAYAH HUKUM POLDA MALUKU (Studi Putusan No. 319/PID.SUS/2021/PN AMB)

The background of this research is that the development of technology andinformation as a result of globalization today has a very large influence on human lifeand civilization. The progress that has had a major impact has also stimulated humanminds to continue to innovate, which can have both positive and negative impacts.However, sometimes people use it to express negative things, one of which is hatespeech that can cause riots, both individuals and between groups.This study aims to 1) Find out and analyze criminal law policies against hatespeech crimes based on positive law in the Maluku Regional Police, 2) Find out andanalyze what obstacles are faced in efforts to enforce the Criminal Law of hatespeech through social media in the Maluku Regional PoliceThis type of research is normative legal research and the nature of thisresearch is descriptive normative. Sources of data in this study are primary, secondaryand tertiary legal materials. The data collection technique used in this research islibrary research. Analysis of legal materials is carried out by qualitative analysis.The results of the study conclude that the regulation of hate speech crimes insocial media has been determined by the government through Law Number 19 of2016 amendments to Law Number 11 of 2008 concerning Information and ElectronicTransactions; Article 28 paragraph (2) in conjunction with Article 45 paragraph (2);Criminal Code; and Circular Letter (SE) Number SE/06/X/2015 by the police. Theapplication of the law against the crime of hate speech in social media, namelyinvestigations carried out by the police, demands by prosecutors, to the imposition ofa verdict through a judge's decision. All of this must be done professionally so that itcan realize a sense of justice, and the judge's consideration of the crime of hatespeech on social media in Decision Number: 319/PID.SUS/2021/PN AMBN with thedefendant Risman Solissa has been legally and convincingly proven guilty ofbroadcasting a news or issue a notification, which can cause trouble among thepeople while he should think that the news or notification is a lie, as regulated andthreatened in Article 14 paragraph (2) of the Republic of Indonesia Law no. 1 Year1946Keywords : Crime, Hate Speech, Social Media