ANALISA PUTUSAN HAKIM PENGADILAN NEGERI JAKARTA SELATAN NOMOR 465/PID.SUS/2021/PN JKT.SEL MENGENAI PRAKTEK PERIKLANAN INDONESIA

Abstract

Advertisements broadcast through mass media often provide false or lying information to gain benefits that are contrary to law and ethics. Facing this kind of phenomenon, it is necessary to conduct research related to deviant behavior in business advertising practices and how such deviant behavior is reviewed from the aspect of criminal law and its law enforcement. For this reason, it will be further studied how the regulation of advertising crimes in Indonesia is based on Law Number 8 of 1999 concerning consumer protection and how the assessment of the legal considerations of the panel of judges in the South Jakarta District Court sentence number 465/Pid.Sus/2021/PN.Jkt.Sel concerning Indonesian advertising practices. The research method used in this study is the normative legal research method. From the research results, it was found that the regulation of criminal acts of advertising violation practices in Indonesia based on Law Number 8 of 1999 concerning consumer protection is regulated in Article 62 paragraph (1) and paragraph (2) of Law 8/1999 and the Analysis of Legal Considerations of the Panel of Judges in the Decision of the South Jakarta District Court Number 465/Pid.Sus/2021/PN.Jkt.Sel concerning Indonesian Advertising Practices, that the Panel of Judges of the South Jakarta District Court who decided case Number 465/Pid.Sus/2021/PN.Jkt.Sel., in relevant and logical considerations (already appropriate), starting from the demands of the Public Prosecutor, the fulfillment of the elements of the charged article and whether or not there were things that could eliminate responsibility, either as justification and/or excuses, to aggravating and mitigating events in. From the research results to improve the clarity and emphasize the meaning of advertising and the Government must form laws, legislation, government regulations, which are more strict and severe regarding criminal acts of advertising that distorts.