Effectiveness Of Law Enforcement Against Hate Speech And The Spread Of Fake News On Social Media Based On Indonesian Positive Law

Abstract

Indonesia upholds human rights freedom, one of which is freedom of opinion. Freedom of opinion has been stated in article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Fake news (Hoax) news is often processed in such a way that it attracts the interest of internet citizens (netizens) to flock to read or just share the news without finding out the truth of the news, sometimes the media process the headlines of their news articles with a "touch" that can trigger debates between internet citizens with each other with the aim of increasing views of the articles they present on the internet. The research method used in writing this scientific paper is normative juridical research, which is research with a law-based approach. This normative juridical research is a legal study that focuses on an internal perspective with the object of research in the form of legal norms, the source of the research in this scientific work is obtained through the study of a primary legal material. Legislative arrangements related to the prohibition of hate speech according to the criminal law in Indonesia are contained in the provisions of general and special criminal law. The general criminal law provisions referred to here are the Criminal Law Book (KUHP) while the special criminal law provisions include the Law on the Elimination of Racial and Ethnic Discrimination and the Law on Information and Electronic TransactionsThe application of criminal sanctions against perpetrators who commit hate speech, in the Criminal Code is regulated in Chapter V of Crimes concerning Public Order Articles 156 and 17 Paragraph (1),  in Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions, Article 2 paragraph (2) of the ITE Law is the strongest and decisive and clear article in cracking down on the spread of hate