Spreading Information Online that Contain Hate or Hostility and Ethnicity, Religion, Race and Inter Group Relations (SARA) Issues in Criminal Law Ahmad Sofian, Batara Mulia Hasibuan, Alfia
Department of Business Law, Faculty Humanities, BINUS University
Abstract
The spread of online content containing hate and hostility and Ethnicity, Religion, Race and Inter Group Relations (SARA) issues has increased tremendously. The internet is being misused either intentionally or unintentionally to carry out these crimes. This act was then prohibited in Article 28 of the Electronic Information and Transactions (ITE) Law. The provision of Article 28 Paragraph (2) of the ITE Law raises pros and cons in relation to its regressive legal politics and human rights policies which are deemed backward, due to this article only being beneficial for the government because it provides protection for them. This article is also considered detrimental because it deprives freedom of expression and opinion. This is due to the article having multiple interpretations and overlapping legal standing with other legal regulations. This research is intended to provide an objective interpretation, so that there is a juridical limitation on what is classified as an act of spreading electronic information that contains hatred, hostility or SARA. Thus, people can still freely express their opinions, but the law shall also provide firm and clear restrictions on prohibited content that does not raise various interpretations among law enforcers.
Keywords: hate, ITE Law, interpretation, cyber law
