Facilities and facilities factors

Oct 13, 2025 by talynt.org 91 views

Criminal Accountability for the Perpetrators of Hate Speech (Hate Speech) to the Head of State and the National Police Chief: Study of Medan District Court Decision Number: 3006/Pid.Sus/2017/Medan District Court

Introduction

The rapid development of information technology has transformed the way people live, including in Indonesia. On one hand, technology has provided numerous benefits. On the other hand, the ease of access to information has also opened opportunities for the emergence of crimes, one of which is hate speech. The case of hate speech against the head of state and the National Police Chief is becoming increasingly common, raising the question: How is the rule of criminal accountability against the perpetrators of hate speech, what are the factors causing it, and how is the analysis of the decision of the Medan District Court Number: 3006/Pid.Sus/2017/Medan District Court on this case?

Background

The rapid development of information technology has led to the emergence of new crimes, including hate speech. Hate speech is a form of communication that expresses hatred, intolerance, or discrimination towards a particular group or individual. In Indonesia, hate speech is regulated by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law). The ITE Law prohibits the dissemination of information that contains hate speech, insults, and defamation.

Legal Provisions on Hate Speech

The legal provisions on hate speech are focused on Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law). The ITE Law prohibits the dissemination of information that contains hate speech, insults, and defamation. Article 27 paragraph (3) of the ITE Law states that anyone who intentionally disseminates information that contains hate speech, insults, or defamation shall be punished with a maximum imprisonment of six years.

Factors Causing Hate Speech

The factors causing the perpetrators to do hate speech can be divided into two, namely:

Internal Factor

Individual factors: Emotional imbalance, lack of empathy, and personality that is easily provoked.
Psychological factors: Mental or personality disorders that cause the perpetrators tend to carry out impulsive actions.

External Factor

Environmental factors: Low tolerance social environment, culture of violence, and lack of education about the dangers of hate speech.
Economic factors: Poverty, social inequality, and lack of access to education and work.
Ignorance factors: Lack of understanding of law and social norms related to hate speech.
Facilities and facilities factors: Ease of internet access and social media that facilitate the spread of hate speech.
Technological advancement factors: The development of information technology that allows the dissemination of information quickly and broadly.
Policy dissatisfaction factors: Disappointment and dissatisfaction with the policy of the head of state and the performance of the National Police Chief.
Factor value: Differences in ideology, beliefs, and values adopted by the perpetrators with those adopted by the target of hate speech.

Analysis of Medan District Court Decision Number: 3006/Pid.Sus/2017/PN Medan

Medan District Court Decision Number: 3006/Pid.Sus/2017/Medan PN is in the spotlight because of the application of Article 27 paragraph (3) of the ITE Law. The author disagrees with the decision of the panel of judges because of the appointment and interpretation of Article 27 paragraph (3) of the ITE Law cannot be separated from the main legal norms in Article 310 and Article 311 of the Criminal Code as the genus Delict which requires a complaint to be prosecuted. That is, Article 27 paragraph (3) of the ITE Law is interpreted as an offense that requires complaints (klacht). Because people who are harmed are not direct complaints, the act exists, but does not meet the elements of offense, so it must be decided canceled by law.

Suggestions and Recommendations

Based on the analysis, here are some suggestions and recommendations that can be taken:

The government must be more aggressive in socializing Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) to the public.
People must be wiser and more careful in using internet media, especially social media. Avoid the dissemination of information that contains the content of hate speech, insults, and defamation.
The panel of judges in giving a decision to the perpetrators of hate speech must consider the applicable law and legal facts.

Conclusion

Hate speech has a serious impact on individuals, groups, and social stability. Preventing and cracking down on perpetrators of hate speech is a shared responsibility to create a healthy and tolerant digital space. The government, people, and the panel of judges must work together to prevent and crack down on hate speech. The government must be more aggressive in socializing the law, people must be wiser and more careful in using internet media, and the panel of judges must consider the applicable law and legal facts in giving a decision to the perpetrators of hate speech.

References

Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law).
Medan District Court Decision Number: 3006/Pid.Sus/2017/Medan PN.

Future Research

Future research can focus on the following topics:

The impact of hate speech on individuals, groups, and social stability.
The effectiveness of the law in preventing and cracking down on hate speech.
The role of the government, people, and the panel of judges in preventing and cracking down on hate speech.
The development of information technology and its impact on hate speech.

By conducting further research, we can gain a deeper understanding of the complex issues surrounding hate speech and develop effective strategies to prevent and crack down on it.
Frequently Asked Questions (FAQs) about Criminal Accountability for the Perpetrators of Hate Speech (Hate Speech) to the Head of State and the National Police Chief

Q1: What is hate speech?

A1: Hate speech is a form of communication that expresses hatred, intolerance, or discrimination towards a particular group or individual. It can take many forms, including verbal or written statements, images, or videos that promote violence, intimidation, or harassment.

Q2: What are the consequences of hate speech?

A2: Hate speech can have serious consequences, including:

Emotional harm: Hate speech can cause emotional distress, anxiety, and depression in individuals and groups targeted by the speech.
Social instability: Hate speech can contribute to social unrest, violence, and conflict.
Economic losses: Hate speech can lead to economic losses, including damage to businesses, property, and infrastructure.
Legal consequences: Hate speech can result in legal consequences, including fines, imprisonment, and other penalties.

Q3: Who is responsible for hate speech?

A3: Both the perpetrator and the platform or medium used to disseminate hate speech can be held responsible. The perpetrator is responsible for creating and disseminating the hate speech, while the platform or medium is responsible for failing to prevent or remove the hate speech.

Q4: What are the laws and regulations related to hate speech?

A4: Laws and regulations related to hate speech vary by country and jurisdiction. In Indonesia, hate speech is regulated by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law). The ITE Law prohibits the dissemination of information that contains hate speech, insults, and defamation.

Q5: How can individuals and groups report hate speech?

A5: Individuals and groups can report hate speech to the authorities, including the police, the National Police Chief, and the Head of State. They can also report hate speech to social media platforms and online service providers.

Q6: What are the consequences for perpetrators of hate speech?

A6: Perpetrators of hate speech can face serious consequences, including:

Imprisonment: Perpetrators of hate speech can be imprisoned for up to six years, depending on the severity of the offense.
Fines: Perpetrators of hate speech can be fined up to IDR 1 billion (approximately USD 70,000).
Restitution: Perpetrators of hate speech may be required to pay restitution to the victims of their hate speech.

Q7: How can individuals and groups protect themselves from hate speech?

A7: Individuals and groups can protect themselves from hate speech by:

Being aware of their rights: Understanding their rights and the laws and regulations related to hate speech.
Reporting hate speech: Reporting hate speech to the authorities and social media platforms.
Seeking support: Seeking support from friends, family, and mental health professionals.
Engaging in counter-speech: Engaging in counter-speech to challenge and refute hate speech.

Q8: What is the role of the government in preventing and cracking down on hate speech?

A8: The government has a critical role in preventing and cracking down on hate speech. This includes:

Enacting and enforcing laws: Enacting and enforcing laws and regulations related to hate speech.
Providing education and awareness: Providing education and awareness about the dangers of hate speech.
Supporting victims: Supporting victims of hate speech.
Engaging in counter-speech: Engaging in counter-speech to challenge and refute hate speech.

Q9: What is the role of social media platforms in preventing and cracking down on hate speech?

A9: Social media platforms have a critical role in preventing and cracking down on hate speech. This includes:

Removing hate speech: Removing hate speech from their platforms.
Blocking perpetrators: Blocking perpetrators of hate speech from their platforms.
Providing education and awareness: Providing education and awareness about the dangers of hate speech.
Engaging in counter-speech: Engaging in counter-speech to challenge and refute hate speech.

Q10: What is the future of hate speech prevention and crackdown?

A10: The future of hate speech prevention and crackdown is uncertain, but it is clear that it will require a multi-faceted approach that involves governments, social media platforms, individuals, and groups. This includes:

Strengthening laws and regulations: Strengthening laws and regulations related to hate speech.
Increasing education and awareness: Increasing education and awareness about the dangers of hate speech.
Supporting victims: Supporting victims of hate speech.
Engaging in counter-speech: Engaging in counter-speech to challenge and refute hate speech.