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Reply from Ms. Vidya Prahassacitta
2020.11.18 14:21:15
Dear Mrs. Dyah,
Thank you for questions. Following is ours answers:
1. Does the various kinds of electronic social media make criminal law
prosecution
with information disruption increasingly important? And why is that?
Currently lots of information disorder has distributed in social media. However,
not all of such information disorder that become viral has create harm to
society. Therefore, the important to use criminal law to combat information
disorder but with limitation. Criminal law only usus for distribution the
information disorder which disturbs public order and national security. We
should limited the use of criminal law because criminal law have ultimum
remidium function, means that criminal law only uses if other non-legal and
legal fields has fail. For other information disorder annoy or irritate for person or
public but does not create harm, other effort can use, such as in Regulation of
Ministry of Information and Communication No. 19 Year 2014 concerning
Handling of Negatively Contained Internet Sites. Based on that regulation,
information disorder consider as negative content as government with or with
out request form other institution or society can conducts filtering and blocking
such information disorder.
2. Does the existence of a lot of fake news make the right paradigm
necessary in
criminal law in overcoming various confusion of information that occurs in
society?
Current paradigm does not suits with situations. Indonesia criminal law
paradigm purpose to punish. For this distribution of information disorder crime,
require shift paradigm. It important for government to intervention the society
communication in order to neutralize the communications. Likes Singapore did.
Punishment without neutralize the communications does not solve the problem.
Therefore, criminal law need support from other law field.
Thank You
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