LEGAL RESPONSIBILITY OF PERPETRATORS OF HATE SPEECH ON SOCIAL MEDIA

Abstract

from just violation ethics communication become threat 
substantive to stability social and integrity national research This 
aim For analyze construction not quite enough answer law for 
perpetrator speech hate on social media in framework law positive 
Indonesia, which includes dimensions criminal , civil , and 
administrative . With apply method study juridical normative 
through approach legislation and conceptual studies This show that 
instrument law nationally — especially Article 28 paragraph (2) of 
the ITE Law, Article 16 of Law Number 40 of 2008, and Article 156 
of the Criminal Code — substantive has adequate For reach action 
criminal speech online hate . 
However thus , at the level of implementation , still found 
fundamental obstacles that include ambiguity limitation between 
protected expression with actions that can be convicted , obstacle in 
identification perpetrator anonymous , and weakness synergy 
coordination inter-institutional enforcer law . Research This argue 
that effectiveness enforcement law to speech hatred must based on 
harmonization regulation , strengthening capacity digital forensics 
officers , as well as optimization of dialogue with social media 
platform organizers as manager infrastructure communication 
public .