SETTLEMENT OF DEFAMATION CRIMINAL CASES THROUGH SOCIAL MEDIA WITH A RESTORATIVE JUSTICE APPROACH

Literally, Restorative Justice is the restoration of justice, but more clearly Restorative Justice is an approach that focuses on conditions for the creation of justice and balance for the perpetrators and the victims themselves. Meanwhile, defamation is an act of attacking someone's honor or good name by accusing something that is clearly meant so that it is publicly known. This study aims to find out what Restorative Justice is, how cases of defamation are resolved with this approach, and what are the factors the perpetrators commit criminal acts of defamation in the study of decisions examined. The factors causing the occurrence of defamation crimes through social media in the city of Bandar Lampung are heartache factors due to events experienced by perpetrators of defamation through social media, there are also political factors, as well as factors of lack of legal awareness by perpetrators of defamation crimes through social media.


I. INTRODUCTION
Rapid technological developments have been experienced by all individuals on Earth, especially for the media sector, dealing with conditions that are always accelerating but simple in the early media. Symbolized by the emergence of the internet, it can be applied to using electronic media in the form of computers. Computers are a cause of social change in society, changing their actions in communicating with other individuals.
Internet media in Indonesia is increasing rapidly and has no legal policies, individuals can easily criticize, ridicule and taint the image of other individuals with no fear of legal sanctions, so the government has designed and determined legal policies that manage information and electronic payments in a statutory system. invitation, namely law No. 11 of 2008 Jo. Law No. 19 of 2016 concerning Information and Electronic Transactions.
An example of an internet violation is damaging the image that an individual performs on another individual. Situations that are spread via the internet can be called a blasphemy (smaad) if in that situation it is inappropriate for the individual as a victim, or a defamation of reputation or causes material loss to the victim.
The formula for defamation (smaad) in Article 310 of the Criminal Code is to deliberately attack an individual's image by accusing him of carrying out an action (beepaldfeit) for a real purpose (kennelijk doel) to spread accusations against society (ruchtbaarheid geven). Then, it is said that an act deliberately attacks an individual's image. 4 The restorative justice approach is an out-of-court settlement behavior that refers to peace and restitution of losses and has the aim of paying attention to all victims, perpetrators, families, and citizens to revise an unlawful act by using awareness as a basis for evaluating social life. 5 Protecting individual image against image damage and keeping away from criminalizing image damage must be adjusted and implemented on the expression of the principle of ultimum remedium implemented in a restorative justice approach to be a solution that can be faced, then situations of loss caused by image damage can be attempted to recover losses and can describe acts of misunderstanding and revise the link to the individual concerned. Restoration can presume that there is an elimination of bad stigma on a perpetrator who is said to have become a criminal because of an ex-convict.
Through the conflict that has been described, the problem that is researched and analyzed is how to apply the restorative justice approach in criminal acts of defamation. The approach method used in this research was tested using a normative juridical approach.
Normative legal research is research that is carried out by studying library materials (library research), namely by studying or analyzing secondary information in the form of primary legal materials and secondary legal materials. 6 The normative juridical approach is a form of approach in the sense of studying theory from principles or norms and rules through library research, namely by reading, quoting, copying and studying theories that are closely related to the case in research. 7 The information in this research comes from library research and field research. The type of information to be used in this research includes primary, secondary, and tertiary information.
Primary legal material is the main legal material, as legal material with an authoritative nature, is legal material that has authority. Primary legal material includes statutory regulations and all formal documents containing legal requirements. 8 Secondary legal material is material that provides an explanation of the primary legal material, where the legal material is interpreted as various references in the form of relevant scientific work in the field of law. As well as there is also information obtained from the parties who have been determined as resource persons, namely judges through interviews regarding the topic of the case discussed by the author. Tertiary legal materials are materials that provide instructions or descriptions. Where the character of this tertiary legal material as an accessory to the two materials above is primary and secondary legal material.

A. Criminal and Punishment Against Criminal Defamation Actors Through Social Media
A criminal act is an act of doing or not doing something which is stated by laws and regulations as an act that is prohibited and is punishable by crime. 9 Criminal acts are behaviors (conducts) that are criminalized by applicable criminal law (positive criminal law) and therefore can be subject to criminal sanctions for the perpetrators. 10 A criminal act is an act that is prohibited by a rule of law, a prohibition which is accompanied by threats (sanctions) in the form of certain penalties for anyone who violates the prohibition. 11 A criminal act is an act in a certain place, time and condition that is prohibited (or required) and is punishable by law which is against the law, as well as by someone (who is responsible) committing an error. 12 The types of criminal acts in the Criminal Code, there are types of criminal acts that can only be prosecuted if there is a complaint from the aggrieved party, this is regulated in Chapter VII of the Criminal Code regarding filing and withdrawing complaints in terms of crimes -crimes only prosecuted on complaint. One of the criminal complaints is the crime of defamation. The size of an act that can be categorized as defamation of another person is still unclear because there are many factors that must be studied. In terms of defamation or insult that is to be protected, it is everyone's duty to respect other people from the point of view of their honor and good name in the eyes of other people.
There is a relationship between honor and good name in terms of defamation, so the definition of each can be seen first. Honor is a person's feeling of respect in the eyes of society, where everyone has the right to be treated as an honorable member of society. Attacking honor means doing an act according to the general assessment of attacking someone's honor.
Respect and actions that fall into the category of attacking a person's honor are determined according to the community environment in which the action is committed. 13 This sense of honor must be objectified in such a way and must be reviewed with a certain deed, a person will generally feel offended or not. It can also be said that a child who is still very young cannot feel this offense, and that someone who is very crazy cannot feel it. Thus, there is no crime of insulting these two types of people. 14 Defamation is also known as humiliation, which is basically attacking the good name and honor of someone who is not in a sexual sense so that person feels harmed. Honor and good name have different meanings, but the two cannot be separated from one another, because attacking honor will result in tarnishing one's honor and reputation, as well as attacking one's good name will result in one's good name and honor being tarnished. Therefore, attacking one of the honours or good names is enough reason to accuse someone of having committed an insult. 15 Oemar Seno Adji defines defamation as attacking honor or good name (aanranding of geode naam). 16 One form of defamation is "defamation in writing and is done by accusing something". 17 Defamation which by law is given the qualifications of defamation or defamation (smaad) and written defamation ( Code, namely: 1. Whoever deliberately attacks the honor or reputation of a person by accusing him of something, with clear intentions so that it becomes public knowledge, is threatened with defamation by imprisonment for a maximum of 9 (nine) months or a fine of up to Rp. 4,500.00 (four thousand five hundred rupiahs). ).
2. If this is done in writing or with a picture that is broadcast, shown or pasted in public, then the threat of written defamation is punishable by imprisonment for a maximum of 1 (one) year and 4 (four) months or a maximum fine of Rp. 4,500.00 (four thousand five) hundred rupiahs).
3. It does not constitute defamation or written defamation, if the act is clearly carried out in the public interest or because one is forced to defend oneself.
The legal definition of the qualifications of pollution is formulated in paragraph (1), which is actually verbal pollution (although oral speech is not mentioned there), which is from pollution in paragraph (2). In paragraph (2)   Punishment comes from the word "criminal" which is often interpreted as "punishment", so that sentencing can also be interpreted as punishment. Punishment is often interpreted as suffering given to someone who has violated a rule and caused suffering or sorrow. 21 Punishment is a term given as a legal consequence for violating a legal norm. The term criminal is a specialization of the word punishment. According to Moeljatno, punishment is a conventional term, so he is looking for something unconventional, namely punishment. Thus it can be distinguished between punishment and punishment. Criminal means things that are punished, namely those that are delegated to a person by a ruling institution as something that is not felt. This is in addition to being related to a situation, a person concerned acts badly while punishment is a retaliation implied in the word crime. 22 In the criminal law system that applies in Indonesia, the sentence or punishment imposed must first be stated in the criminal law. The existence of criminal provisions governing actions that may and may not be carried out that distinguish between punishment and punishment. A punishment is imposed based on the provisions of the criminal law law, while punishment is a sanction for violating a legal provision and can include everyday events such as parents twisting their child's ear because they have made a mistake, a teacher who punishes his student standing in front of the class, who all of that is based on decency, decency, decency, and custom. But between punishment and punishment still have similarities, that is, both arise based on values, good and bad deeds, 23 In the eyes of society, it is as if a person who has been subject to a crime gets a stamp, that this person is seen as a bad person, who is not good or a person who is disgraceful. The punishment is not only unpleasant at the time it is served, but even after undergoing it, the person who is undergoing it still feels the consequences in the form of a stamp by society, that he or she has committed a crime. This stamp in science is called a stigma, and if it doesn't disappear, then it's as if he's been sentenced to life imprisonment.
The consequences of being convicted of a person can affect his personal life. Because the authority in imposing a sentence is a very important authority, a question arises as to who has the right to impose a sentence which constitutes suffering. As for the definition of punishment, Soedarto said that the word punishment is synonymous with the word punishment.
He said that punishment comes from the word legal basis, so that it can be interpreted as establishing or deciding the law. Establishing law for an event does not only concern criminal law, but also civil law. Therefore, this paper revolves around criminal law, so the term must be narrowed in meaning, namely punishment in criminal cases, which is often synonymous with sentencing or awarding or imposing a sentence by a judge.

B. Review of Defamation Through Social Media and Criminalization
Image damage is known as a derogatory term, which generally attacks an individual's image that is not for sexual purposes, so the individual thinks he is disadvantaged. Image has various purposes, but both cannot be separated, because damaging the image can be a bad individual image in society. Thus, attacking is an example of image as a reason to accuse someone of having insulted. 24 Oemar Seno Adji described damaging the image as a threat to self-esteem (aanranding of geode naam). 25 A form of damaging the image is "defamation by being recorded and accusing something". 26 Defamation whose draft law is added to the criteria for defamation and defamation (smaad) and recorded destruction (smaadschrifft)   The penal mediation approach at the stage of the form of criminal justice in Indonesia can realize progressive law which orders all the handling of irregularities not to be mixed in the state.
The restorative justice approach to criminal law has the toughness that can resolve the relationship between parties as perpetrators and victims. The mediation stage in criminal irregularities can make criminals to revise losses due to mistakes in constructive techniques.

III. CONCLUSION AND SUGESSTION
The concept of punishment based on restorative theory ( The author's advice as an Indonesian citizen and active user of the media social, a way to reduce defamation crimes in the media social, by trying to understand the rules that are currently in place on now. It is expected to all Indonesian people, especially for can play an important role in preventing crime defamation through this social media.