Analysis of Hate Speech in the Perspective of Changes to the Electronic Information and Transaction Law

This study aimed to assess the effectiveness of hate speech rules concerning changes in electronic transaction information policies. It further used normative legal study which included the process of identifying legal rules, principles, and doctrines to address the constitutional issues. The result...

Full description

Saved in:
Bibliographic Details
Main Authors: Defril Hidayat, Hengki Firmanda, Mahmud Hibatul Wafi
Format: Article
Language:Indonesian
Published: University of Lampung 2024-04-01
Series:Fiat Justisia
Subjects:
Online Access:https://jurnal.fh.unila.ac.id/index.php/fiat/article/view/3146
Tags: Add Tag
No Tags, Be the first to tag this record!
_version_ 1823859121443569664
author Defril Hidayat
Hengki Firmanda
Mahmud Hibatul Wafi
author_facet Defril Hidayat
Hengki Firmanda
Mahmud Hibatul Wafi
author_sort Defril Hidayat
collection DOAJ
description This study aimed to assess the effectiveness of hate speech rules concerning changes in electronic transaction information policies. It further used normative legal study which included the process of identifying legal rules, principles, and doctrines to address the constitutional issues. The results showed that the amendments from the 2008 ITE Law to the 2016 ITE Law did not adequately the basic problems. Furthermore, certain forms of hate speech rules were observed in the ITE Law, particularly in Article 27 paragraph (3) and Article 28 paragraph (2). These rules were unclear benchmarks used in assessing social media posts as hate speech, defamation, or criticism and opinion from an individual about a problem. Therefore, making improvements through legal reform was essential to ITE Law, specifically Article 27 paragraph (3) and Article 28 paragraph (2). The amendments were necessary to develop good legal certainty for the community. The government should further make legal comparisons with other countries to identify the best regulatory framework for the community.
format Article
id doaj-art-a3d2542d8ced4a1dbff809a3608d64e9
institution Kabale University
issn 1978-5186
2477-6238
language Indonesian
publishDate 2024-04-01
publisher University of Lampung
record_format Article
series Fiat Justisia
spelling doaj-art-a3d2542d8ced4a1dbff809a3608d64e92025-02-11T08:39:56ZindUniversity of LampungFiat Justisia1978-51862477-62382024-04-01181314810.25041/fiatjustisia.v18no1.31461876Analysis of Hate Speech in the Perspective of Changes to the Electronic Information and Transaction LawDefril Hidayat0Hengki Firmanda1Mahmud Hibatul Wafi2Institut Agama Islam Negeri KerinciUniversitas RiauInstitut Agama Islam Negeri KerinciThis study aimed to assess the effectiveness of hate speech rules concerning changes in electronic transaction information policies. It further used normative legal study which included the process of identifying legal rules, principles, and doctrines to address the constitutional issues. The results showed that the amendments from the 2008 ITE Law to the 2016 ITE Law did not adequately the basic problems. Furthermore, certain forms of hate speech rules were observed in the ITE Law, particularly in Article 27 paragraph (3) and Article 28 paragraph (2). These rules were unclear benchmarks used in assessing social media posts as hate speech, defamation, or criticism and opinion from an individual about a problem. Therefore, making improvements through legal reform was essential to ITE Law, specifically Article 27 paragraph (3) and Article 28 paragraph (2). The amendments were necessary to develop good legal certainty for the community. The government should further make legal comparisons with other countries to identify the best regulatory framework for the community.https://jurnal.fh.unila.ac.id/index.php/fiat/article/view/3146hate speechlaw reformperspective
spellingShingle Defril Hidayat
Hengki Firmanda
Mahmud Hibatul Wafi
Analysis of Hate Speech in the Perspective of Changes to the Electronic Information and Transaction Law
Fiat Justisia
hate speech
law reform
perspective
title Analysis of Hate Speech in the Perspective of Changes to the Electronic Information and Transaction Law
title_full Analysis of Hate Speech in the Perspective of Changes to the Electronic Information and Transaction Law
title_fullStr Analysis of Hate Speech in the Perspective of Changes to the Electronic Information and Transaction Law
title_full_unstemmed Analysis of Hate Speech in the Perspective of Changes to the Electronic Information and Transaction Law
title_short Analysis of Hate Speech in the Perspective of Changes to the Electronic Information and Transaction Law
title_sort analysis of hate speech in the perspective of changes to the electronic information and transaction law
topic hate speech
law reform
perspective
url https://jurnal.fh.unila.ac.id/index.php/fiat/article/view/3146
work_keys_str_mv AT defrilhidayat analysisofhatespeechintheperspectiveofchangestotheelectronicinformationandtransactionlaw
AT hengkifirmanda analysisofhatespeechintheperspectiveofchangestotheelectronicinformationandtransactionlaw
AT mahmudhibatulwafi analysisofhatespeechintheperspectiveofchangestotheelectronicinformationandtransactionlaw