Islamic Criminal Law and Indonesian Law for the Hoax Reporting

This item is published by Universitas Islam Negeri Sunan Ampel Surabaya

Warjiyati, Sri (2018) Islamic Criminal Law and Indonesian Law for the Hoax Reporting. In: International Seminar Syariah and Law, 10 Nopember 2018, Movenpick Hotel and Convention Centre, Kuala Lumpur Malaysia. (Unpublished)

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Abstract

Hoax is a word used to denote a false proclamation, to deceive or to outsmart the reader or hearer to believe in something, whereas the false creator of the news knows that the news is false. One of the most common examples of false news is to claim a thing or an event with a different title from the actual item or event. The research of hoax reporting according to criminal law and Islamic criminal law is a very interesting discussion; especially during these recent years that there are many hoax phenomena happened along with the Increase of the Internet access in society. On the perspective of Indonesian law, the perpetrators of hoax news dissemination have violated Article 28 paragraph 1 of Law Number 11 Year 2008 on information and electronic transaction. Islam does not want its followers do the false words unless an objective and a true word. In the perspective of Islamic criminal law, the spread of hoax news is an act that leads to the preaching of lies and defamation. Sanction for the perpetrators of hoax news spread or false news in Islamic criminal law is takzir (punishment). From the aspect of the legal determination, the perpetrator of the crime of spreading the hoax news is entirely submitted to ulil amri (government) about type and sanction. In principle, the act of spreading the hoax news is a violation according to both laws, in Islamic law as well as in Indonesian law.