Application of Criminal Delegation to Hate Speech on Consumer Complaints through Social Media

Hate Speech is one of the cases that is being happened lately. This case usually stems from the submission of an opinion through social media and it is considered to have violated the law and thus leads to reporting and or prosecution. No exception for consumers who complain about the poor service from service providers. Although the voice of consumers in demanding their rights is protected by law, the existence of the Electronic Information and Transaction law has provided space for anyone who feels uncomfortable with the consumer complaint, can report it to law enforcement officials. The rise of legal cases that ensnare consumers who voice injustice through social media is interesting to be careful. Why can a consumer who is delivering his criticism to the provider of goods and services be criminalized? What should be done so that the flake case is not repeated? Using the normative juridical approach method that is an approach related to legal rules based on legislation and also by conducting a literature review into several literacies related to research topics. The purpose of this research was to find out how the reality of the practice of applying criminal offenses against hate speech through social media and how this criminal offense of hate speech should be carried out prospectively. The results of the study show that reporting or prosecution of consumers who submit claims for their rights occurs as a result of the conflict between one law and the other in this case the consumer protection law and the Electronic Information and Transaction law. Keywords—hate speech; criminal offense; consumer protection