scholarly journals Penafsiran Restriktif Atas Pasal 28 Ayat (2) UU ITE

2021 ◽  
Vol 24 (01) ◽  
pp. 25-36
Author(s):  
Aulia Anastasya Putri Permana ◽  
Shafarina Intan Khomsah
Keyword(s):  
Social Media ◽  
Hate Speech ◽  
Electronic Information ◽  
Legal Principles ◽  
Information Law ◽  
Legal Uncertainty ◽  
The Law ◽  
The Right ◽  
Political Weapon

The purpose this paper to interpret the content of a law, namely is the regulation regarding the ethics of delivering criticism through social media as regulated in the ITE Law. Article 28 Paragraph (2) of the UU ITE is considered to limit constitusional rights of opinin and expression. The explanation of Article 28 Paragraph (2) transctional and electronic information law is gives different interpretations as fragments of paragraph “spreading informaton” and “causing a sense of hatred/hostility”. This considered an unclear limitation on the right to freedom opinion and expression on social media. The problem in study is how to interpret the restrictive and application the law solving problem of hate speech on social media. The method used in this study, normative juridical approach, is the carried out based on the main legal material by examining theories, concepts, legal principles and laws regulations. It can be concluded in Indonesia a legal state where every action citizens is regulated in laws, the regulatin of submitting criticism through social media which is regulated in Law no. 11 of 2008 UU ITE. The Article 28 Paragraph (2) transactional and electronic information law, gives rise to the vage normen (blurred norms). It is can be abused silencing freedom of opinion and even becoming a political weapon. In the application of this law, it is indicated that there is duplication of criminal acts which are actually vulnerable to legal uncertainty so that it has the potential to cause turmoil in society.

scholarly journals BERITA BOHONG (HOAKS) PADA MEDIA SOSIAL DALAM PERSPEKTIF PERUNDANG-UNDANGAN DI INDONESIA

2019 ◽  
Vol 4 (1) ◽  
pp. 55-76
Author(s):  
Anny Susilowati Susilowati
Keyword(s):  
Social Media ◽  
Media Law ◽  
Legal Research ◽  
Electronic Information ◽  
Conceptual Approach ◽  
Legal Principles ◽  
Electronic Transactions ◽  
False News ◽  
Legal Concepts ◽  
The Right

Abstract This research is motivated by the rise of hoaxes every time before the  Presidential Election (Pilpres) in Indonesia. Later hoaxes are increasingly massive  and have entered all lines of life, so it is very difficult to determine which news is  good and where lies. For this reason, it is necessary to clarify the formulation of  juridical regulations, regarding hoax aspects that can be held accountable.This research then sets two goals, namely: First, to analyze and explain a number of laws and regulations relating to hoaxes; Second, to analyze and explain  the hoax criteria contained in social media.This research method uses a type of normative legal research, with three approaches as the basis of its analysis, namely: Approach to legislation, namely to  conduct an analysis of legislation about hoaxes, with a review of relevant product  laws. Conceptual approach, through this approach, researchers study views and  doctrines in law, then find ideas that give birth to legal notions, legal concepts and  legal principles relevant to hoaxes. As well as the case approach, namely by  examining cases relating to the issues faced which have become court decisions and have permanent legal force.The results showed that hoax qualifications that could be liable by  referring to Law Number 1 Year 1946 concerning Criminal Law Regulations,  Article 14 and 15 and Law Number 19 Year 2016 concerning amendments to Law  Number 11 Year 2008 concerning Electronic Information and Transactions (ITE)  article 28 paragraph (1). In Law No. 1 of 1946 the perpetrators can be charged if they have fulfilled the element intentionally or have the intention to cause trouble  and the person must at least have the presumption that the news is false news.  Whereas in Act No. 19 of 2016 the culprit can be snared if everyone intentionally  means that they have bad intentions and without the right to spread false and  misleading news, which means making other people astray which results in consumer losses in electronic transactions. Deliberately, making a misguided and making consumer losses is a requirement that must be fulfilled. So that in article 45 A paragraph 1, the culprit can be sentenced to six years imprisonment and a fine of Rp1 billion.Researcher's recommendation, It is recommended that the action  qualifications spread hoaxes on social media that accountability can be requested  in a more specific law, namely social media law. This is to anticipate the  development of social media going forward. Keywords: News, Hoax News, Social Media, and ITE Law 

The Urgency of Protecting Netizen in Freedom of Speech on Social Media

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Grandis Ayuning Priyanto ◽  
Martinus Sardi
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Speech ◽  
Fundamental Rights ◽  
Political Rights ◽  
Civil And Political Rights ◽  
The Law ◽  
The Right ◽  
Speak Up

Freedom of speech is a part of fundamental rights to every people. Nowadays, freedom of speech could not felt widely to all people. Freedom of speech developed until Universal Declaration of Human Rights and International Covenant on Civil and Political Rights assure and restrict freedom of speech. In Indonesia, since the rise of The Law of Information and Electronic Transaction, the restriction of freedom of speech become biased, many words in social media are presumably attack others. Netizen feels security to speak up is limited, such Ruslan Buton who critics and record about President Jokowi deemed as a hoax and hate speech. Even though some articles in 1945 Constitution have already protect and guarantee all people to bear the right to speak. The limitations of Freedom of speech in The Law of Information and Electronic Transaction emerge multi interpretation which the right to speak have not been correspond with the values in 1945 Constitution. To harmonize freedom of speech in Indonesia, it needs cooperation among government and people to eradicate ambiguity and fear in which already happen.By using juridical-normative method, the research aims to understand the condition of freedom of speech in Indonesia, and to understand the protection of netizen in using social media

scholarly journals The Law Enforcement Of Hate Speech Crime In Polda Lampung

Ius Poenale ◽  
2021 ◽  
Vol 2 (1) ◽  
pp. 45-52
Author(s):  
Ridho Grisyan ◽  
Sunarto DM ◽  
Heni Siswanto
Keyword(s):  
Information Technology ◽  
Social Media ◽  
Law Enforcement ◽  
Hate Speech ◽  
Cyber Crime ◽  
Electronic Information ◽  
Cultural Aspects ◽  
Research Problems ◽  
Law Enforcement Officials ◽  
The Law

Criminal acts related to hate speech are one of the crimes that occur as a result of the misuse of information technology carried out by a person or group by conveying forms of provocation, seditious actions, or in the form of insults to someone or certain other groups in terms of various indicators, namely race, skin, gender, religion and others. Research problems: how are the efforts to deal with the criminal act of distributing electronic information containing hate speech at POLDA Lampung and why there are obstacles to efforts to overcome the criminal act of distributing electronic information containing hate speech at the Regional Police located in Lampung Province. This type of research is a normative juridical research. The data analysis was done qualitatively. The approach to the problem used is the statute approach. The results of this study indicate that the law enforcement of hate speech using social media is carried out by the Sub-Directorate for Cyber Crime of POLDA Lampung through non-penal and penal means. Non-penal efforts are carried out by carrying out cyber patrols and socializing the prohibition on hate speech using social media. Penal efforts carried out by investigation and investigation. The factors that hinder efforts to overcome criminal acts of hate speech by using social media are in the aspects of legislation, aspects of law enforcement officials, facilities and infrastructure, community conditions and cultural aspects of these factors, there are dominant factors being weaknesses, namely in the aspect of law enforcers who are not yet competent and have mastered the development of types of crimes related to information technology, precisely at the Cyber Police Unit in Lampung Province.

scholarly journals Guilty of using Google: Reconciling the right to a fair trial with the right to freedom of expression and addressing juror misconduct in the age of social media

2021 ◽  
Author(s):  
◽  
Emma Jane Smith
Keyword(s):  
Social Media ◽  
Legal System ◽  
Freedom Of Expression ◽  
Fair Trial ◽  
Communications Technology ◽  
Independent Research ◽  
The Subject ◽  
The Law ◽  
The Right

<p>It is widely accepted that the right to a fair trial is one of the most important guarantees contained within our legal system. That right is undermined when a jury member conducts his or her own research into a case. This type of juror misconduct constitutes contempt of court. In the light of the fact that the law of contempt is currently the subject of review in a number of jurisdictions, this paper considers how the law of contempt could be adapted to better manage the risk of jurors undertaking independent research. After a discussion of the current law and some problems with it, particularly those created by modern communications technology, this paper considers a number of possible reform options. It makes two broad recommendations. First, that the law should focus relatively more on preventing jurors undertaking their own research than on limiting publication. Second, that independent research by jurors should be the subject of statutory criminalisation, and a range of measures should be adopted to increase jurors’ understanding of the importance of not going outside the evidence before them and to minimize any incentives for jurors to conduct their own research.</p>

scholarly journals The Indonesian Electronic Information and Transactions Within Indonesia’s Broader Legal Regime: Urgency for Amendment?

Jurnal HAM ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 533
Author(s):  
Tasya Safiranita ◽  
Travis Tio Pratama Waluyo ◽  
Elizabeth Calista ◽  
Danielle Putri Ratu ◽  
Ahmad M. Ramli
Keyword(s):  
Hate Speech ◽  
Freedom Of Expression ◽  
Information Policy ◽  
Comparative Approach ◽  
Legal Regime ◽  
Electronic Information ◽  
Interdependent Network ◽  
The Press ◽  
The Law ◽  
The Government

Cyberspace is the interdependent network of information technology infrastructures such as the internet, telecommunications networks, and computer systems. Meanwhile, Indonesia’s Law Number 11 of 2008 and its amendment through Indonesian Law Number 19 of 2016 governing cyberspace have been viewed to contradict and infringe other areas of law, such as protection of press or freedom of expression. Hence, this study seeks to identify the controversies and problems regarding the law deemed urgent for amendment. Further, this study creates recommendations so the government may amend electronic information policy more fairly and efficiently. This study uses a judicial normative and comparative approach. This research tries to analyze the existing regulations and the implementation and compare Indonesia’s cyberspace regulation with other States’. This study finds that Articles 27(3) and 28(2) of the law criminalize defamation and hate speech in an overly broad manner and that Article 40(2)(b) allows the government to exercise problematic censorship. As a result, they have infringed the freedom of the press and general freedom of expression in practice. In response to this, this study compares similar provisions from other States and recommends amendment the articles to become narrower and more clearly defined.

scholarly journals Extreme Speech, Democratic Deliberation, and Social Media

2021 ◽  
Author(s):  
Jeffrey W. Howard
Keyword(s):  
Social Media ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Alternative Mechanism ◽  
Democratic Deliberation ◽  
Media Companies ◽  
Moral Responsibilities ◽  
The Law ◽  
Democratic Discourse

Social media are now central sites of democratic discourse among citizens. But are some contributions to social media too extreme to be permitted? This entry considers the permissibility of suppressing extreme speech on social media, such as terrorist propaganda and racist hate speech. It begins by considering the argument that such restrictions on speech would wrong democratic citizens, violating their freedom of expression. It proceeds to investigate the moral responsibilities of social media companies to suppress extreme speech, and whether these ought to be enforced through the law. Finally, it explores an alternative mechanism for combatting extreme speech on social media—counter-speech—and evaluates its prospects.

scholarly journals JURIDICAL REVIEW HATE SPEECH Law No. 11 YEAR 2008 JUNCTO Law No. 19 OF 2016 CONCERNING ELECTRONIC INFORMATION AND TRANSACTIONS IN PROVIDING COMMUNICATION ETHICS EDUCATION IN SOCIAL MEDIA

2019 ◽  
Vol 1 (01) ◽  
pp. 30-46
Author(s):  
Sinthiya Ida Ayu Putu Anggie
Keyword(s):  
Social Media ◽  
Rule Of Law ◽  
Ethics Education ◽  
Hate Speech ◽  
Criminal Code ◽  
Electronic Information ◽  
The Rule Of Law ◽  
Communication Ethics ◽  
Legal Rules ◽  
Or Groups

Social media is an online media, which makes it easy for us to communicate openly; social media is able to shift conventional mass media in spreading the news. Through social media everyone gets an expression space that is free and easy to communicate, free to express, criticize and share on social media. But in its journey social media provides a space of freedom that transcends boundaries and strikes norms and ethics. Now the easier it is for someone to do hate speech in the form of provocation, incitement, or insult to other individuals or groups in terms of various aspects such as race, color, ethnicity, gender, disability to sexual orientation, citizenship and religion on social media. The legal rules regarding hate speech are regulated in Article 310 and 311 of the Criminal Code and Law Number 40 of 2008 Law Number 11 of 2008. Building good ethics on social media is the rule of law that social media users can know and understand the limitations in communicating on social media so as to create good, polite, responsible and civilized communication ethics

scholarly journals Economic Corruption: Lebanon's Central Bug: الفساد الاقتصادي: علَّة لبنان المركزية

2017 ◽  
Vol 1 (9) ◽  
Author(s):  
Mohamed Zureik
Keyword(s):  
Social Media ◽  
Public Debt ◽  
Scientific Data ◽  
Access To Information ◽  
Procedure Code ◽  
Election Monitoring ◽  
The Law ◽  
The Right ◽  
Right Of Access

“Economic Corruption” is one of the most serious problems facing Lebanon, which led to an increase in the economic deficit and in the ratio of public debt. This phenomenon is due to historic, religious and favoritism reasons. This paper will address the issue of economic corruption in Lebanon based on historical facts and scientific data. This study suggests options to end economic corruption in Lebanon, which include "controlling the finances of associations and parties, adoption of the law of the right of access to information, activating the illicit enrichment law, election monitoring, adoption of the protection of whistleblowers corruption law, development of the judiciary, amendment of the central inspection law, amendment in the tax procedure code, amendment of the law of the audit bureau, strengthening financial decentralization, and the creation of e-government; in addition to the important role of youth and means of social media.

scholarly journals LIMITATION OF THE RIGHT TO FREEDOM OF SPEECH ON THE INDONESIAN CONSTITUTIONAL COURT CONSIDERATION

2021 ◽  
Vol 14 (1) ◽  
pp. 19-36
Author(s):  
Titis Anindyajati
Keyword(s):  
Social Media ◽  
Judicial Review ◽  
Hate Speech ◽  
Freedom Of Speech ◽  
Comparative Approach ◽  
Public Order ◽  
Constitutional Court ◽  
Social Media Platforms ◽  
Constitutional Right ◽  
The Right

Nowadays, everyone tends to use the right to freedom of speech without limitation, such as emergences of hate speech expression on various social media platforms. However, such expression is regulated by Article 28, paragraph (2) of the ITE Law and deemed to be contrary to public order. On the other hand, this law was considered by some people as a criminalization towards the right to freedom of speech. This paradox becomes a big issue that never ceases to be discussed. That is why Constitutional Court had conducted judicial review on some norms related to freedom of speech. This study aims to analyze the Constitutional Court decision towards the polarity of the right to freedom of speech and the public order. This study uses normative research with the statutory, analytical and comparative approach. Therefore, the results show the importance of limitation in implementing the freedom of speech to protect the constitutional right of society as stated in the 1945 Constitution. Despite the already decided judicial review by the Court, there is still an urgency to revise The ITE law in order to clarify certain rules related to hate speech in social media.

scholarly journals Review Of Islamic Law To The Use Of Article 28 Subsection 2 About Speech Hatred And Defamation (UU Number 19 AT 2016 Amendments to UU Number 11 at 2018)

2019 ◽  
Vol 5 (2) ◽  
pp. 355-368
Author(s):  
Arbanur Rasyid
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Criminal Law ◽  
Islamic Law ◽  
Hate Speech ◽  
State Institutions ◽  
History Of ◽  
The Media ◽  
The Law ◽  
The Many

Hate Speech  has recently become a warm conversation, not only in the media, but has begun to be discussed in scientific forums as a result of the many characters who are ensnared by hate speech due to making uploads in Social Media that is considered insulting to other people or state institutions by making a statement containing elements of hate speech in accordance with the criminal threat in Article 28 paragraph 2 of Law number 19 of 2016 amendment to law number 11 of 2008. Long before the law talks about hate speech, Islam through the Qur'an speaks a lot about how God denounces the actions of people who insult, berate, speak ill of others and make hoaxes, and Allah threatens sin for those who do it . Even in the history of Islam through the Prophet Muhammad had given a caning to people who make hoaxes, and the sentence in the Islamic criminal law is called Ta'zir, thus Islam is very careful and highly respects the human rights of a person including in protecting the soul and someone's honor

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