RESPONSIBILITY AND LEGAL PROOF OF THE CRIME HATE SPEECH ON SOCIAL MEDIA

Abstract

Indonesia is a country that operates a democratic system. A democratic government system is characterized by freedom of each individual to express his opinion in any way that is protected by the state constitution. The rules discussing freedom of opinion are in Article 1 paragraph (1) in Law Number 9 of 1998 concerning Freedom to Express Opinions in Public. In the provisions of this law, every citizen has the right to voice their ideas orally, in writing and through other means without any obstacles, while still carrying out their responsibilities in accordance with the provisions of the applicable laws and regulations. This law acts as an implementation in Article 28 of 1945 Constitution Republic Indonesia which states: "Freedom of association and assembly, expressing thoughts verbally and in writing and so on is determined by law. The legal provisions governing legally proven crimes of hate speech involve several articles in statutory regulations. These articles include Article 156, Article 157, Article 310, and Article 311 of the Criminal Code, Article 28 paragraph (2) juncto. Article 45A paragraph (2) in Law Number 19 of 2016 concerning Information and Electronic Transactions, and Article 16 in Law Number 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination. The legal principle used is lex specialis derogat legi generali which will accommodate accountability for every violation of hate speech on social media, with reference to Article 28 paragraph (2) juncto. Article 45A paragraph (2) of the ITE Law stipulates that the length of imprisonment is 6 years and/or a maximum fine of one billion Rupiah.

Keywords

• legal proof
• hate speech
• social media