The Aspect of Criminal Liability in Law Enforcement for the Prohibition on Hate Speech on Social Media

Abstract

The issue of hate speech may never have been predicted by scientists and social media creators because social media is in principle only intended to facilitate communication between people in various parts of the world. Since Indonesia is a state of law, we must always position the law as the commander, all social disputes should be resolved with a legal approach. Before the existence of Law No. 11 of 2008 on Information and Electronic Transactions, acts of public hate speech were carried out on the basis of the articles in Chapter V of the Criminal Code that regulates Crimes Against Public Order. Criminal Code and Article 28 of Law Number 11 of 2008 concerning Information and Electronic Transactions is because the three articles are considered contrary to Article 28E paragraph (3) concerning freedom of expression because of the broad article formulation and crashing principles legal certainty so that it is feared can limit democracy. This paper discusses the issue of criminal liability for hate speech. The results of the study show that Article 157 of the Criminal Code and Article 28 of Law Number 11 of 2008 concerning Information and Electronic Transactions, they have some problems in the formulation, the most important aspect is the criminal liability aspect of these articles. This aspect of criminal responsibility becomes a hot area of debate over articles that contain a prohibition on the spread of hate speech because the matters regulated in the article have a too loose