Criminal Responsibility of Criminal Acts of Hate Speech Through Social Media

Tua Napitulu Warasman Marbun; Hartanto

doi:10.56371/jirpl.v5i2.230

Tua Napitulu Warasman Marbun Universitas Krisnadwipayana
Hartanto Universitas Krisnadwipayana

DOI: https://doi.org/10.56371/jirpl.v5i2.230

Keywords: Criminal Liability, Hate Speech, Social Media

Abstract

The development of information technology has changed the lifestyle of Indonesian people, including expressing their opinions through various social networking sites such as Facebook, Instagram, Twitter, WhatsApp and various other types of social media. The research method used isNormative legal research is a legal research method that examines applicable legal provisions.Freedom to express written and oral opinions has become the right of every Indonesian citizen which is regulated in Article 28 of the 1945 Constitution of the Republic of Indonesia. In this era, people can easily access social media and express their opinions. Every opinion must be accountable and must not conflict with existing norms. Unlimited freedom of opinion can result in criminal acts of hate speech. Case Study of Decision Number 914/Pid.Sus/PN.Jkt.Pst and Decision Number 63/Pid.Sus/2019/PN.Sdw, where in both cases the decision involved criminal acts of hate speech. The crime of hate speech in Indonesia has not been specifically regulated in any statutory regulations. Criminal liability for perpetrators of criminal acts of hate speech on social media is generally regulated in the Criminal Code (KUHP) and in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions.

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References

Adami Chazawi and Ardi Ferdian, Information & Electronic Transaction Crimes Attacking Legal Interests Using Information Technology and Electronic Transactions, (Malang: Media Nusa Creative, 2011).

Chairul Huda, From No Crime Without Error To No Criminal Accountability Without Error, (Jakarta: Kencana, 2006).

Criminal Code.

Decision Number 63/Pid.Sus/2019/PN.Sdw.

Decision Number 914/Pid.Sus/PN.Jkt.Pst.

Dian Puji Simatupang, Research Methods Lecture Module, (Jakarta: Unkrisna Master of Law Study Program, 2010).

Divkum Polri, Socialization of Circular Letter from the Chief of Police No.6 of 2015 concerning Hate Speech, 2016.

Djoko Prakoso, Criminal Law Reform in Indonesia, (Yogyakarta : Liberty, 1987).

Hamzah Hatrik, Principles of Corporate Responsibility in Indonesian Criminal Law, (Jakarta: Raja Grafindo, 1996).

I Made Pasek Diantha, Normative Legal Research Methodology in Justifying Legal Theory, (Jakarta: Prenada Media Group, 2016).

Law Number 11 of 2008 as amended by Law Number 19 of 2016 Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions.

Law Number 11 of 2008 as amended by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions.

Meri Febriyani, "Analysis of Factors that Cause Perpetrators to Make Hate Speech on Social Media", Poenale Journal, Volume 6, Number 3, 2018.

Nudirman Munir, Introduction to Indonesian Cyber Law, (Depok: PT. RajaGrafindo Persada, 2020).

Romli Atmasasmita, Comparative Criminal Law, (Bandung: Mandar Maju Publishers, 1996).

Sherlyanita, "Influence and Activity Patterns of Using the Internet and Social Media on Students at SMPN 52 Surabaya", Journal of Information Systems Engineering and Business Intelligence, Vol. 2, no. 1, 2016.

Siallagan, "Application of the Principles of the Rule of Law in Indonesia", Sociohumaniora Journal, Vol.18, No. 2, 2016.

Siswanto Sunarso, Information Law and Electronic Transactions, (Jakarta: PT. Asdi Mahasatya, 2018).

Supratman. “Use of Social Media by Digital Natives.” Journal of Communication Sciences, Vol. 15, no. 1, 2018.

Widodo, Criminal Law in the Field of Information Technology Cybercrime Law: Theoretical Study and Case Analysis, (Yogyakarta: Aswaja Pressindo, 2019).