Disengagement of Hoax and Hate Speech from Social Context: Analysis of Intersection Between Criminal Law and the Influence of the Linguistic

摘要

Digital Age 4.0 is only considered as a digitalization era that focuses on the progress of humanity. However, the digitalization process legitimizes the reduction of wealth in meaningful experiences of human life (ausdruck) with all the intuitive traits contained in humans. This trait that makes a person fully human becomes lost as what has been applied in Criminal Law so far. Finally, written and oral languages are also analyzed based on logical atomistic logic through the mechanism of decomposition of elements in the article. This study uses a normative juridical method based on secondary data through library research. However, this study also uses several approach methods, namely empirical approaches, conceptual approaches, philosophical approaches, pragmatic approaches, case approaches, and critical approaches. The results of this study indicate that the social context that has an effect on the creation of speech and writing is not considered in the process of proof through Criminal Law.