THE APPLICATION OF THE DOCTRINE OF INCLUSION (DEELNEMING) AND THE FORM OF ERROR IN PLACING BUZZER SERVICE TENANTS AS INTELLECTUAL ACTORS IN THE CRIMINAL ACT OF MANIPULATION OF PUBLIC OPINION

Abstract

Advancements in information technology have given rise to the practice of using "buzzers" to shape and manipulate public opinion on social media. In current law enforcement practice, criminal liability is generally imposed only on the buzzer as the direct perpetrator, whereas the party hiring the buzzer who orders and controls the activity lacks clear regulatory treatment. This study aims to analyze the legal basis for applying the doctrine of complicity (deelneming) and the requisite form of culpability to hold the party hiring the buzzer liable as an intellectual perpetrator under Indonesian criminal law. The study employs a normative legal research method, utilizing both statutory and conceptual approaches. The legal materials examined include the Criminal Code (KUHP), Law Number 1 of 2023 concerning the Criminal Code, and Law Number 1 of 2024 concerning the Second Amendment to the Law on Electronic Information and Transactions. The findings indicate that the party hiring a buzzer can be held criminally liable as an intellectual perpetrator if the elements of the doctrine of complicity are met and the party possesses the requisite form of culpability specifically intent (opzet) in planning, ordering, or controlling the manipulation of public opinion. This study offers a legal framework regarding the criminal liability of those who hire buzzers, aiming to foster legal certainty in law enforcement within the digital sphere.