The Effectiveness of Criminalizing Hate Speech Through Electronic Media In Dealing With Social Changes of Communicating In Cyberspace

The existence of the internet has a positive impact and has a negative impact, one of which is the rampant hate speech that is spread through social media. The government then issued Law No. 11 of 2008 concerning Electronic Information and Transactions as amended by Law No. 19 of 2016, which regulat...

Full description

Bibliographic Details
Main Author: Dewa Gede Giri Santosa
Format: Article
Language:English
Published: Faculty of Law, Universitas Lampung 2021-12-01
Series:Pancasila and Law Review
Subjects:
Online Access:https://jurnal.fh.unila.ac.id/index.php/plr/article/view/2354
_version_ 1797989234036965376
author Dewa Gede Giri Santosa
author_facet Dewa Gede Giri Santosa
author_sort Dewa Gede Giri Santosa
collection DOAJ
description The existence of the internet has a positive impact and has a negative impact, one of which is the rampant hate speech that is spread through social media. The government then issued Law No. 11 of 2008 concerning Electronic Information and Transactions as amended by Law No. 19 of 2016, which regulates the criminalisation of hate speech conducted via electronic media. Nonetheless, even though there have been criminal threats against acts of hate speech through cyberspace, the number of cases of hate speech handled by the police has increased in years. The research aims to discover social changes' influence in the criminalisation of hate speech through electronic media. Moreover, the research investigates the criminalisation of hate speech's effectiveness through electronic media to tackle the rise of hate speech in cyberspace. This research uses the normative legal research method. The research explains that social changes related to sharing information via electronic media have an impact on applicable law in Indonesia with regulations regarding hate speech through electronic media. However, since the enactment of this regulation, hate speech acts through electronic media has increased. Therefore, the criminalisation policy must pay attention to the principle of subsidiarity. Criminal law must be the last resort in overcoming crimes using a penal instrument. Other efforts needed that should be prioritised apart from punishing the perpetrators of criminal acts.
first_indexed 2024-04-11T08:15:50Z
format Article
id doaj.art-558f26d98f484eaaaf21e07cd773d733
institution Directory Open Access Journal
issn 2723-262X
2745-9306
language English
last_indexed 2024-04-11T08:15:50Z
publishDate 2021-12-01
publisher Faculty of Law, Universitas Lampung
record_format Article
series Pancasila and Law Review
spelling doaj.art-558f26d98f484eaaaf21e07cd773d7332022-12-22T04:35:09ZengFaculty of Law, Universitas LampungPancasila and Law Review2723-262X2745-93062021-12-0122799010.25041/plr.v2i2.23541084The Effectiveness of Criminalizing Hate Speech Through Electronic Media In Dealing With Social Changes of Communicating In CyberspaceDewa Gede Giri Santosa0Universitas LampungThe existence of the internet has a positive impact and has a negative impact, one of which is the rampant hate speech that is spread through social media. The government then issued Law No. 11 of 2008 concerning Electronic Information and Transactions as amended by Law No. 19 of 2016, which regulates the criminalisation of hate speech conducted via electronic media. Nonetheless, even though there have been criminal threats against acts of hate speech through cyberspace, the number of cases of hate speech handled by the police has increased in years. The research aims to discover social changes' influence in the criminalisation of hate speech through electronic media. Moreover, the research investigates the criminalisation of hate speech's effectiveness through electronic media to tackle the rise of hate speech in cyberspace. This research uses the normative legal research method. The research explains that social changes related to sharing information via electronic media have an impact on applicable law in Indonesia with regulations regarding hate speech through electronic media. However, since the enactment of this regulation, hate speech acts through electronic media has increased. Therefore, the criminalisation policy must pay attention to the principle of subsidiarity. Criminal law must be the last resort in overcoming crimes using a penal instrument. Other efforts needed that should be prioritised apart from punishing the perpetrators of criminal acts.https://jurnal.fh.unila.ac.id/index.php/plr/article/view/2354hate speechcriminalisationcyberspaceinternetcrime
spellingShingle Dewa Gede Giri Santosa
The Effectiveness of Criminalizing Hate Speech Through Electronic Media In Dealing With Social Changes of Communicating In Cyberspace
Pancasila and Law Review
hate speech
criminalisation
cyberspace
internet
crime
title The Effectiveness of Criminalizing Hate Speech Through Electronic Media In Dealing With Social Changes of Communicating In Cyberspace
title_full The Effectiveness of Criminalizing Hate Speech Through Electronic Media In Dealing With Social Changes of Communicating In Cyberspace
title_fullStr The Effectiveness of Criminalizing Hate Speech Through Electronic Media In Dealing With Social Changes of Communicating In Cyberspace
title_full_unstemmed The Effectiveness of Criminalizing Hate Speech Through Electronic Media In Dealing With Social Changes of Communicating In Cyberspace
title_short The Effectiveness of Criminalizing Hate Speech Through Electronic Media In Dealing With Social Changes of Communicating In Cyberspace
title_sort effectiveness of criminalizing hate speech through electronic media in dealing with social changes of communicating in cyberspace
topic hate speech
criminalisation
cyberspace
internet
crime
url https://jurnal.fh.unila.ac.id/index.php/plr/article/view/2354
work_keys_str_mv AT dewagedegirisantosa theeffectivenessofcriminalizinghatespeechthroughelectronicmediaindealingwithsocialchangesofcommunicatingincyberspace
AT dewagedegirisantosa effectivenessofcriminalizinghatespeechthroughelectronicmediaindealingwithsocialchangesofcommunicatingincyberspace