PERTANGGUNGJAWABAN PIDANA DELIK PERS SERTA PERLINDUNGAN BAGI KORBAN (Suatu Studi di Polresta Kendari)

Abstract

The press is a vital pillar in the democratic system, serving as a channel for public aspirations and as a means of social control. This study discusses criminal liability in press-related offenses and the protection of victims in such cases, using a case study at the Polresta Kendari. The research employs a normative legal approach, analyzing both primary and secondary sources, supported by interviews and questionnaires. The findings indicate that Undang-Undang No. 40 Tahun 1999 guarantees press freedom while also regulating press responsibility and dispute resolution mechanisms. Press-related offenses arise from the dissemination of illegal ideas or opinions published through print or electronic media, often creating tension between the press and the public. Ideally, disputes involving press offenses should be resolved through non-criminal mechanisms such as the right of reply, complaints to the Dewan Pers, or civil lawsuits. The Kasus Fifi Tanang underscores the importance of law enforcement officers’ understanding of the UU Pers and the involvement of press experts to prevent injustice against journalists. The recommendations include improving legal awareness among law enforcement officers, strengthening the Dewan Pers, educating the public, and maintaining a balanced approach between criminal and non-criminal law enforcement to uphold press freedom while protecting victims.