KOMPARASI HASIL KAJIAN LINGUISTIK FORENSIK ANTARA PARADIGMA LAMA DAN PARADIGMA BARU TERHADAP PENANGANAN KASUS PENGHINAAN DAN/ATAU PENCEMARAN NAMA BAIK MELALUI MEDIA SOSIAL DI POLDA SULAWESI TENGAH

Abstract

One of the cases handled by the Central Sulawesi Regional Police Investigators was the language crimes case in cyberspace, namely insult and/or defamation cases. In handling defamation cases on social media, such as: Facebook and WhatsApp, the Central Sulawesi Police investigators involved linguists or expert witnesses to reveal the meaning of language through forensic linguistic studies. Forensic linguistics was a linguistics branch which analyzed and researches language used as a tool of evidence in courts and the legal field. The linguistic methods application to legal issues was one of the forensic linguistics functions as an applied science where various linguistic theories could be applied in the linguistic samples analysis on the investigative process. The results study showed that it’s stated in the criminal procedure evidence form (BAP). Furthermore, in determining the articles to be charged by the language crimes perpetrators, the police investigators were guided by Law Number 19 of 2016 amendments to Law Number 11 of 2008 concerning ITE (as the old paradigm). Furthermore, a joint decree (SKB) by the Communication and Information Minister, the National Police Chief, and the Attorney General would serve as a guideline for the implementation criteria for the 2021 Electronic Information and Transaction Law (as a new paradigm). The study purpose was to reveal the results of the comparative analysis of linguists who still use the old paradigm with the new paradigm for handling cases of insults and/or defamation through social media at the Central Sulawesi Regional Police. The method used was descriptive qualitative method. The data collection technique used was a documentary study. The four copies form data of the BAP results from the forensic linguistic study would be compared or compared based on the old paradigm and the new paradigm. The BAP four copies which included five cases insult and/or defamation through Facebook as referred to in Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of the Republic of Indonesia Law no. 16 of 2016 amendments to Law Number 11 of 2008 concerning electronic information and transactions, (a) Cases reported to the Central Sulawesi Regional Police based on police report number: LP/129/III/2017/SPKT, dated March 12 2017, (b) Cases reported to Central Sulawesi Regional Police based on police report number: LP/247/IV/2017/SPKT, dated May 08 2017, (c) Cases reported to Central Sulawesi Police based on police report number, LP/478/X/2017/SPKT, 28 October 2017, (d) Cases reported to Central Sulawesi Regional Police based on police report number LP/109/IV/2019/SPKT, 08 April 2019. The study results indicated that there were differences between the old paradigm and the new paradigm in determining legal policies (articles determination) on insult and/or defamation cases handling of five cases which had been handled by Central Sulawesi Regional Police investigators.