Indonesia Penal Policy of Information Disorder, The Paradigm Shift
Febby Mutiara Nelson (a), Vidya Prahassacitta (b*)

a,b) Faculty of Law, University of Indonesia, Jakarta, Indonesia

b) Department of Business Law, Faculty of Humanity, Bina Nusantara University, Jakarta, Indonesia

*vidya.prahassacitta[at]binus.ac.id

Abstract

Long before information disorder via online become a global problem, Indonesia has criminalized the distribution of information disorder. The prohibition is regulated in article XIV and XV Law No. 1 the Year 1946 which part of the Indonesia penal code. Punishment for breaking this prohibition is temporary imprisonment. However, the social situation and condition when Law No. 1 the Year 1946 issued were different from the current situation. Therefore, the purpose of this research is to analyze Indonesia penal policy-related information disorder and whether that penal policy suitable for the current situation and condition where the information disorder becomes faster and massif. Using documentary research and a comparative approach with Singapore who prohibited this conduct under the Protection from Online Falsehoods and Manipulation Act year 2019, it shows that the Indonesia penal policy requires a paradigm shift to solve the distribution information disorder via online problems without violating the freedom of expression as a fundamental right. In the end, this research has good implications for planning penal policy in the future.

Keywords: information disorder- freedom of expression- penal policy

Topic: Law