Implementing Prohibition of Hate Speech Under Article 28(2) of Indonesian Electronic Information and Transaction Law

DOI

10.2991/assehr.k.211112.020How to use a DOI?

Keywords

Electronic Law; Hate Speech; Offensive Speech; Rabat Action Plan

Abstract

Several reports have alleged that Indonesian democracy is declining due to unjustified suppression of freedom of expression. One of that suppression is done by conviction based on hate speech under Article 28(2) of Law Number 11 of 2008 as amended by Law Number 19 of 2016 on Electronic Information and Transaction (“Electronic Law”). Such allegation becomes interesting considering that Indonesia recognizes the freedom of speech within its legal framework, including through the 1945 Constitution and International Covenant on Civil and Political Rights (“ICCPR”). This paper endeavors to examine whether Article 28(2) of Electronic Law is contrary to the 1945 Constitution and whether improvement can be made to address existing concerns. The method used will be juridical normative, where the examination will be done towards primary sources of law (e.g., Electronic Law, Law Number 12 of 2005 on the Ratification of ICCPR) and secondary sources of law (e.g., judicial decisions and doctrines). It is concluded that the formulation of Article 28(2) of Electronic Law is not in contrary to the 1945 Constitution; instead, its implementation raises issues due to a lack of objective criteria to interpret the article. It is proposed to adopt Rabat Action Plan into Indonesian legal instrument and implement non-legal measures to combat hate speech.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Muhammad Ryandaru Danisworo
AU  - Agustian Budi Prasetya
PY  - 2021
DA  - 2021/11/23
TI  - Implementing Prohibition of Hate Speech Under Article 28(2) of Indonesian Electronic Information and Transaction Law
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 152
EP  - 160
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.020
DO  - 10.2991/assehr.k.211112.020
ID  - Danisworo2021
ER  -