Criminal Law Responsibility against the Performers of Spreading Hoax Fake News Performed by Antimasker Activists

The purpose of this study is to identify and analyze criminal liability for the perpetrators of spreading hoaxes by anti-mask activists. With the formulation of the problems, YW's video upload on social media (Facebook) fulfilled the elements of the crime of spreading hoaxes (fake news) and Violations of the Quarantine Law? How is the criminal responsibility that YW must accept as the perpetrator of the crime of spreading hoax information (fake news)? The approach method used in this research is the analytical juridical method. a) YW's video uploads related to viral news YW anti-mask activists fulfil the elements of the crime of spreading hoaxes (fake news) which can be ensnared through Article 28 of Law Number 11 of 2008 concerning ITE, however, the ITE Law is not the only legal basis that can be used to ensnare people who spread hoaxes or fake news because UUITE only regulates the spread of false and misleading news that results in consumer losses in electronic transactions only and needs to be aligned with the Criminal Code and Law 1/1946. To account for the actions that have been carried out YW as a suspect has been detained at the Banyuwangi Police and charged with Article 14 paragraphs 1 and 2 of Law (UU) number 1 of 1946 concerning criminal law regulations and article 45 letter a Jo article 28 of Law Number 19 of 2016 ITE and article 93 of Law number 6 of 2018 concerning Health Quarantine with a threat of 4 years in prison.