Application of the Lex Specialis Derogat Legi Generali Principle to Information Law and Electronic Transactions in the Use of Social Media in Candipuro

Abstract

The legal principle Lex Specialis Derogat Legi Generali dictates that specific rules take precedence over general ones. It guides legal practitioners in determining which law prevails when multiple regulations are violated. Primarily applied in criminal law enforcement for legal certainty, this principle plays a significant role in resolving conflicts within the legal framework. In the context of insult and defamation crimes, various factors contribute to their occurrence. Motivations may stem from unintentional actions, jealousy towards others' success, or fear of career hindrance due to competition. Perpetrators attempt to tarnish others' images through verbal attacks, causing harm to their honor and reputation. The essence of these criminal acts lies in accusing individuals of certain deeds, intending for the accusations to spread publicly. Insult and defamation involve the dissemination of false and embarrassing information about an individual, resulting in public shame and potential losses. Typically, these acts include specific accusations presented as facts. The gravity of the offense intensifies when false accusations, detrimental to one's reputation, are knowingly spread to a wider audience. In legal terms, such actions constitute the criminal offense of "defamation." The application of the Lex Specialis Derogat Legi Generali principle ensures a structured approach to resolving legal conflicts, especially in the realm of criminal law related to insult and defamation.